Is it necessary to renew the rental contract when it expires? The answer to this question is to do it according to your own needs. If you feel that you need to continue renting the house, you can renew it. If you don't think it is necessary to rent a house again, you can not renew it.
1. Is it necessary to renew the rental contract when it expires?
Non-mandatory renewal, after the expiration of the contract, both parties agree to renew the contract, they should re-sign a written house lease contract to clarify the new rights and obligations. Even if a few rights and obligations are still performed or changed according to the original agreement, and both parties are unwilling to re-sign a written agreement, they should simply sign a supplementary agreement and attach it to the original agreement. Don't think that "both sides have no opinions, as long as they perform automatically, no formalities are needed." If there is no formal confirmation, the lease relationship between the two parties will continue to be valid, but the lease term will become uncertain. That is, during the automatic performance after expiration, both parties have the right to terminate the lease relationship at any time.
Some lessees want to renew the original lease contract after it expires, but the lessor refuses. They think that the lessor's unwillingness to renew the contract infringes on their rights and ask the lawyer how to safeguard their rights. But from a legal point of view, since the deadline has been agreed, we must realize that this deadline is binding on both parties. It is not up to one party to decide whether to continue to use it after the time limit and whether to renew the fee. The other party has the right to refuse to renew the contract even without any reasonable reason.
Second, the details of the lease contract
1. Everything shall be made in writing, and oral promises shall be deemed invalid. After confirming the security of the house, whether you can live comfortably in the later period depends on the signing of the lease contract. Some landlords showed great patience and enthusiasm when inspecting the house, and readily promised that furniture and home appliances should be fully equipped to ensure that they can be used. Many tenants were paralyzed by the landlord's enthusiasm when signing the contract, and did not write the landlord's verbal commitment into the contract. After the contract is signed, the landlord often insists on the signed contract as the standard, and does not recognize various verbal commitments that have not been fulfilled before. At this time, tenants can only eat dumb losses.
2. Long-term lease short rent should make it clear that the sublease agreement can be agreed in advance. The current house lease contract is generally signed once a year, but the actual lease term of the lessee is long and short, which is not fixed. If it is more than one year, it can be agreed in the contract to make an appointment with the landlord 1 to 2 months in advance and sign a renewal contract. If the actual lease term is less than one year, but the landlord requests to sign one year, the tenant can sign a sublease agreement in advance in the contract, and then agree with the landlord or brokerage company on sublease.
3. Make clear the payment amount, method and time of rent and utilities. The cost of renting a house generally includes rent, utilities and other expenses. It is especially important to stipulate the amount, payment method and payment time of these expenses when signing the contract. At present, there are two ways to pay rent, one for one year and one for three, which are widely used. The way that owners and customers recognize each other relatively is to gamble for one and lose for three.
4. Telephone and broadband are easy to ignore, so stop in time when not in use. For ordinary tenants, furniture, household appliances, water, electricity and gas are all essential in daily life, so they will pay more attention when signing the contract. But telephones and broadband are often overlooked. Because it is difficult to determine the status of telephone and broadband when signing the contract, it is often found that the landlord or the original tenant has defaulted on a large number of telephone bills after signing the contract, or the broadband cannot be installed smoothly, which has caused great inconvenience to later life.
5. Check the facilities in the house. If there is any change, both parties shall sign for confirmation.
Tenants and landlords usually sign lease contracts in rented houses. At this time, the tenant should make a detailed inventory of the facilities in the house and write down the furniture, electrical appliances and equipment that may not be used in the contract. For example, the decoration of floors, walls, doors and windows, fixed facilities such as range hoods, gas stoves and toilets, etc.
In addition to writing clearly whether there is this facility, it is also necessary to clarify the old and new degree of the facility and whether it is damaged. Otherwise, after the end of the lease, the landlord will ask the tenant for compensation according to the signed contract. If the contract is not agreed in advance, the tenant will suffer.
Legal objectivity:
People's Republic of China (PRC) Civil Code
Article 705
At the expiration of the lease term, the parties may renew the lease contract;
However, the agreed lease term shall not exceed twenty years from the date of renewal.
People's Republic of China (PRC) Civil Code
Article seven hundred and thirtieth
If the term of the lease is not stipulated or clearly stipulated by the parties and cannot be determined according to the provisions of Article 510 of this Law, it shall be regarded as an indefinite lease;
The parties may terminate the contract at any time, but shall notify the other party before a reasonable period.
People's Republic of China (PRC) Civil Code
Article seven hundred and thirty-three
Upon expiration of the lease term, the lessee shall return the lease item. The returned lease item shall conform to the state after use in accordance with the agreement or the nature of the lease item.