For the rental contract, it is necessary to continue to sign the rental contract when it expires. For the rental contract, there will be certain legal risks after the expiration, because if there is no relevant rental contract guarantee, renting is prone to disputes.

1. What if the rental contract is not renewed upon expiration?

When the contract expires, as long as the lessor has no intention to take back the leased property, and continues to collect rent, it indicates that the lease relationship between the two parties continues to exist.

How to calculate if the house lease contract is not renewed after its expiration, but it continues to be used?

Article 236 of China's Contract Law stipulates that if the lessee continues to use the leased property at the expiration of the lease term and the lessor does not raise any objection, the original lease contract will remain valid, but the lease term is uncertain. According to Article 232 of this Law, in an indefinite lease, the parties may terminate the contract at any time, but the lessor shall notify the lessee before a reasonable period.

A contract is a civil legal relationship with a time limit. In the lease contract, the parties often agree on the lease term, and the contract will be terminated at the expiration of the lease term. However, when the term of the contract expires, the parties can also renew the contract in two ways: one is to express the renewal, that is, the parties to the contract sign another contract after the expiration of the lease term and agree to extend the lease term; The other is implied renewal, that is, after the expiration of the lease term, the behavior of the parties to the contract shows that their lease relationship continues to exist.

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

The lease term shall not exceed twenty years. More than twenty years, the excess is invalid. 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 thirty-four

When the lease term expires, the lessee continues to use the leased property, and the lessor does not raise any objection, the original lease contract remains valid, but the lease term is uncertain. At the expiration of the lease term, under the same conditions, the lessee has the priority to lease.

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.