Legal analysis
The house lease contract refers to the agreement signed by the lessor and the lessee on the possession and transfer of the right to use the rented house. Its content is that the lessor gives the house to the lessee for use, and the lessee pays the agreed rent to the lessor regularly, and returns the house to the lessor in good condition at the expiration of the agreed period or the termination of the lease. Matters needing attention in house leasing: 1. Pay attention to low-priced false advertisements. When renters see through newspapers, websites and other information channels that the published house rental price is obviously lower than its normal market price, they should pay attention. Because these false information may be a means for some illegal intermediaries to obtain illegitimate interests and use it as bait to defraud renters. 2. Check the personal situation of the landlord carefully. When renting a house, the renter should carefully check the personal situation of the landlord. If the landlord himself comes forward to sign the contract, it is best to check his real estate license and ID card; If you are renting a house for a friend, you must have a power of attorney for renting a house, a friend's real estate license, ID card or a copy; If the real estate license is not completed, you must issue a purchase contract to prove your identity. In addition, for the problem of "second landlord" that may be encountered when renting a house, the renter has fulfilled whether the "second landlord" has the right to sublet the house during the lease period, let him show the lease contract and provide the relevant property certificate of the house, so as not to cause legal disputes. 3. Check the household appliances and furniture in the rental house. When renting a house, the renter must check the internal facilities of the house, such as household appliances and furniture, and check the normal operation of household appliances and the completeness of furniture when looking at the house, and then list them one by one. It is best to indicate who will bear the maintenance costs in case of failure, so as to avoid conflicts between renters and owners when household appliances fail and responsibilities are unclear after occupancy.
legal ground
People's Republic of China (PRC) Civil Code
Article 703 A lease contract is a contract in which the lessor delivers the lease item to the lessee for use and profit, and the lessee pays the rent.
Article 704 The contents of a lease contract generally include terms such as the name, quantity, purpose, lease term, rent, payment term and method, and maintenance of the lease item.
Article 490 Where the parties conclude a contract in the form of a contract, the contract is formed when the parties sign, seal or fingerprint it. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it. A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.