Legal features of the standard version of the house rental contract template
1. The house leasing contract is a commitment, mutual and paid contract.
The house leasing contract is established when the two parties reach an agreement, and the delivery of the house is not an essential condition for the establishment of the contract. Therefore, it is a promise contract rather than a practical contract. Both parties bear the rights and obligations of each other, and it is a bilateral contract. The lessor's purpose of leasing the house is to obtain rent, while the lessee's purpose of paying rent is to obtain the right to use the house, so the lease contract is a paid contract.
2. A house leasing contract is a contract that transfers the right to use the house.
This distinguishes it from a contract of sale. The latter is for the purpose of transferring ownership of an object. Since the house leasing contract only transfers the right to use the house, the lessee can only make profits from the use of the leased house in accordance with the contract and cannot dispose of it. When the lessee becomes bankrupt, the leased house shall not be included in the bankruptcy property, and the lessor has the right to take it back.
3. The house rental contract is temporary.
The house leasing contract transfers the right to use the leased house, so the lease period should not be too long, otherwise it will be inconsistent with the purpose of temporarily transferring the right to use the house, and it will also be easy to cause disputes over the return of the house. Moreover, the lease contract is a creditor's rights relationship, which is different from the property rights in permanence. If the lease period is too long, it will also be harmful to the improvement of the leased house. Therefore, Article 214 of the Contract Law stipulates: "The lease term shall not exceed twenty years. If it exceeds twenty years, the excess part shall be invalid. When the lease period expires, the parties may renew the lease contract, but the agreed lease term shall not exceed twenty years from the date of renewal."
The standard version of the house rental contract template requires proof of formalities
1. The lessor and the lessee should sign a written lease contract.
2. Both parties to the lease shall apply for registration and filing with the real estate management department of the municipal, city, or county people's government within 30 days after the signing of the lease contract. The following documents should be submitted when applying for registration:
a. Written lease contract.
b. House ownership certificate. If you rent a jointly owned house, you must also submit proof that other co-owners agree to rent it. If you rent a house that has been mortgaged, you must submit proof that the mortgagee agrees to rent it.
c. Legal documents of the parties concerned.
d. Certification documents of the person in charge. When a house custodian rents out a house entrusted by the property owner, he must submit a letter of authorization from the property owner clearly authorizing him to have the authority to rent out the house and the legal certificate of the custodian;
e. Other documents prescribed by the Municipal People's Government. Foreigners renting houses in this city must submit proof of their household registration to prove their identity. Proof of outings; rental of certain properties (such as houses in government agencies, institutions, and public welfare units) requires approval documents from the competent authorities; urban private houses used by government agencies, military units, and enterprises and institutions must be approved by the people's government at or above the county level or its authorized department.
3. The real estate management department of the municipal or county people's government will issue a "House Rental Certificate" after passing the review.
How to use the standard version of the house rental contract template
1. Download the standard version of the house rental contract template from Huajun Software Park and unzip it to the current folder.
2. At this time, we need to click on fwzlhtbzb.doc, and the opening method will pop up. Click to confirm.
3. Finally, you can see the details of the standard version of the house rental contract template.
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The standard version of the house rental contract template can ensure that your rights and interests are not infringed, allowing you to understand your rights and obligations while buying or renting a house. There are more useful software in our Huajun Software Park360 browser!
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