Legal analysis
Yes, the house lease contract refers to the agreement that the lessor provides the house to the lessee for use, and the lessee pays the agreed rent regularly and returns the house to the lessor in good condition when the contract is terminated. The housing lease contract follows the general contract format, and the contents of the contract shall include the personal information of both parties to the housing lease, the situation of the leased house and the rights and obligations of both parties. That is, it mainly includes the address of the house, the number of rooms, the use area, the furniture and appliances of the house, the hierarchical layout, the decoration facilities, the monthly rent amount, the date and method of paying the rent, the rights and obligations of both parties to the lease, and the lease method. The lease contract is established after the lessor and the lessee reach an agreement on terms such as rent, duration and liability for breach of contract. Whether the established housing lease contract has legal effect is mainly reviewed from the following four aspects. Whether the subject of the contract meets the requirements, that is, whether the lessor and the lessee have the constitutive elements of effective civil acts. If it is a person without or with limited capacity for civil conduct, whether the lessor is the owner or legal user of the house. Whether the house is prohibited from renting by laws and regulations. As long as laws and regulations do not prohibit the rental of houses, they can be rented according to law. According to the regulations, houses under any of the following circumstances shall not be rented out: (1) failing to obtain the house ownership certificate according to law; (two) the judicial organs and administrative organs have ruled or decided to seal up or restrict the real estate rights in other forms according to law; (3) * * has a room without the consent of * * * *; (4) The ownership is disputed; (5) Belonging to illegal construction; (six) does not meet the safety standards; (seven) mortgage without the consent of the mortgagee; (8) It does not conform to the relevant regulations of public security, environmental protection, health and other competent departments; (9) Other circumstances in which leasing is prohibited by relevant laws and regulations.
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.