House lease contract (contract model)

[Legal Education Network] Housing lease contract

Party A:

Party B:

The two sides reached the following agreement on the lease of houses in accordance with the "Contract Law" and the relevant provisions of the State and local governments on housing leasing.

The first part of the house overview

Article 1 Party A guarantees that the house leased to Party B has full ownership and use rights, and has the right to own the house.

Article 2 Overview of Housing Law

1. The registrant of the house ownership certificate: , ID card number: ;

2. House ownership certificate number: ;

3. Land use right certificate number: ;

4. The building area of ​​the house registered on the house ownership certificate: ;

5. The area of ​​use of the house:

6. Affiliated buildings of the house and facilities used by the owner of the house:

Article 3 Overview of rental housing

The second part of the lease term

Article 4 Term of house lease: from the date of the year to the day of the month. The following conditions should be postponed:

1) cause force majeure;

2) If Party A fails to deliver the house due to abnormal reasons;

3) Non-Party B causes the house to be uninhabitable;

4) By mutual agreement and written change.

Part III Rent Terms

Article 5 rents are RMB yuan per month.

Article 6 The rent shall be paid quarterly; within 15 days from the effective date of this contract, Party B shall pay Party A a quarterly rent; in the future, the rent for the next quarter shall be paid before the end of the last month of each quarter.

Article 7 Place of payment of rent: ;

Article 8 Payment method of rent: ;

Article 9 Party A shall provide a legal and valid invoice when collecting rent, otherwise Party B has the right to refuse to pay the rent.

The fourth part related costs

Article 10 The tax generated by the house during the lease period shall be borne by the company, and shall not be changed due to the invalidity, cancellation or change of the lease contract, unless the parties reach a written change agreement.

Article 11 During the lease period, Party B shall bear the gas, water and electricity, telephone, cable and internet usage fees for the normal life; environmental sanitation, public security and property management fees shall be borne.

Article 12 During the lease period, the right to use the house shall be vested in Party B, including the external wall of the house, the roof, the underground space, and the auxiliary facilities of the house, which have ownership or independent use rights.

Part V Housing Change and Establishment of Other Rights

Article 13 During the lease period, if Party A transfers ownership of the property to a third party, Party B shall notify Party B in writing three months in advance, and Party B shall have the right of first refusal at the same price. After the ownership of the property is transferred to a third party, the third party becomes the party of the contract, and enjoys the rights of the original party A and assumes the obligations of the former party A. Party A no longer assumes the rights and obligations stipulated in this contract.

Article 14 During the lease period, if Party B wants to sublease the house to a third party, Party A must obtain the written consent of Party A. The third party that has obtained the right to use becomes the ex of Party B of this contract. It enjoys the rights of the original Party B and assumes the obligations of the original Party B. Party B no longer assumes the rights and obligations stipulated in this contract.

Article 15 During the lease period, Party A shall, in order to establish a mortgage on the house, notify Party B in writing 2 months in advance, and Party B has the right to decide whether to continue the lease. If Party B has no objection or inaction within 7 days, it shall be deemed to recognize the behavior of Party A. If Party B decides to terminate this contract, the lease relationship shall be calculated from the day after the termination of this contract notice arrives at Party A.

Party A did not inform Party B according to the above agreement, Party B has the right to unilaterally terminate this contract at any time, and investigate Party A's liability for breach of contract.

Article 16 If Party A establishes other rights of other parties, Party B may not obtain the consent of Party B, but Party B shall be notified in writing one month in advance.

Part VI Housing Repair

Article 17 During the lease period, Party A shall be responsible for the normal maintenance of the house, or entrust the charterer to perform maintenance on his behalf, and the maintenance fee shall be borne by Party A. Party A shall ensure that the house can meet the needs of Party B for normal use and residence.

Article 18 During the lease period, if the house is damaged by natural damage caused by Party B, or caused by human damage, or the roof leaks, etc., which affects the normal living conditions of Party B, Party A shall, within 7 days from the date of receiving the notice from Party B, Repair, for more than 7 days, Party B has the right to repair it by itself.

Article 19 During the lease period, if the house is in danger of dumping, or other serious obstacles to Party B's normal residence, or threaten Party B's life and property safety, Party A shall, after receiving the notice from Party B, repair or temporarily remedy immediately. If the party is slow, does not pay attention to it, or fails to take maintenance measures, Party B may cancel the lease or repair it on behalf of Party A.

Article 20 For the repair cost of the house, Party B may offset the rent or claim it from Party A, and may hold Party A liable for breach of contract.

Part VII Party A's Rights and Obligations

Article 21 Party A shall truthfully explain and explain to the Party B the situation of the house and the surrounding situation, including the ownership of the house, the number of times of house maintenance, property management, public security, the environment, etc., and truthfully answer the relevant consultations of Party B, otherwise it shall be regarded as fraud.

Article 22 If Party A fails to provide leased houses to Party B at the time specified in this contract, Party A shall reimburse Party B for a penalty of RMB yuan per day, and the accumulated rent shall not exceed 3 months.

Article 23 During the lease period, if Party A does need to recover the house for self-occupation, Party B must notify Party B in writing three months in advance. After the contract is terminated, Party A shall pay liquidated damages, and the liquidated damages shall be calculated at 20% of the total rent payable during the remaining lease term.

Article 24 During the lease period, if there is a government or a demolition behavior approved by normal legal procedures, it shall be implemented in accordance with the national demolition regulations and local demolition regulations.

Article 25 If Party B's decoration in the rented house is approved by Party A, if Party A causes Party B to move out of the house within the contract period due to Party A's reasons, Party A shall, in addition to the liability for breach of contract, pay the discounted decoration fee to Party B at one time. .

The cost of renovation of the discount shall be negotiated by both parties, and the negotiation shall be inconsistent. It shall be implemented in accordance with the highest standards for compensation for the renovation of the demolished house by the local people's government at or above the county level.

Part VIII Party B's Rights and Obligations

Article 26 Party B shall pay the rent according to the contract, and Party A shall not be liable for delay in paying the rent if it is refused without justified reasons.

Article 27 During the lease period, if Party B needs to check out, Party B must be notified in writing in advance of the month. The two parties will cancel the contract by consensus, and Party B shall pay Party A a liquidated damages. The liquidated damages shall be calculated at 20% of the total rent payable during the remaining lease term.

Article 28 During the lease period, Party B shall change the structure and use of the house without the consent of Party A, deliberately or negligently cause damage to the rented house and equipment, and shall be responsible for restitution or compensation for economic losses. If Party B needs to decorate the wall, install windows and security doors, it must obtain the consent of Party A in advance. If it needs to be approved by the government, it should be approved by the relevant department before construction.

Article 29 Party B's decoration and installation equipment and articles in the house may be transferred to Party A at a discount when the contract expires; if the parties cannot reach an agreement, Party B shall, within 7 days from the expiration of the contract. Dismantled and restored to the original state of the house. For more than 7 days, Party A has the right to retain or dismantle it free of charge, and Party B shall bear the expenses within a reasonable amount.

Article 30 In accordance with the provisions of this contract, the contract shall be terminated early or the contract shall expire. Party B shall remove all equipment and articles within 15 days from the date of receipt of the formal written notice from Party A, unless otherwise agreed by the parties. If Party B does find difficulties in finding a house in the short term or has other special circumstances, Party A shall allow Party B to postpone the extension for 30 days, but Party B shall pay the rent at one time in accordance with the rent agreed in this contract. If there is still any surplus in the house within 7 days after the relocation, if there is no agreement between the two parties, it shall be deemed that Party B will give up the ownership and shall be handled by Party A.

Article 31 If the lease expires or the contract is terminated, if Party B fails to relocate within the time limit, Party B shall compensate Party A for the economic losses suffered by Party A.

Article 32 When the lease expires, Party B shall renew the lease and shall notify Party A in writing 30 days in advance. Party A shall file an objection within 30 days from the date of receipt of the written notice or negotiate with Party B to renew the contract; If Party A does not provide a written reply within 30 days from the date, it shall be deemed to have agreed to Party B to renew the lease by default. This contract is automatically extended for one year from the day after the expiration of 30 days.

Article 33 When the lease expires, Party B shall have the priority to rent at the same rent.

Part IX Force Majeure and Exceptions

Article 34 Force majeure means an objective natural situation that cannot be foreseen, cannot be avoided and cannot be overcome.

Article 35 When either or both parties fail to perform or fail to fully perform the relevant obligations stipulated in this Agreement due to force majeure, Party A and Party B shall not be liable for breach of contract. However, one or both parties that have force majeure shall report the situation to the other party within 10 days after the occurrence of force majeure, and provide proof of the relevant department. One or both parties shall continue to perform the contract within a reasonable time after the force majeure effect is removed.

Article 36 If the force majeure influence lasts for more than 2 months, either party has the right to terminate the contract unilaterally.

Article 37 During the performance of the contract, if the house is leaking or collapsed due to Party B's reasons, or the house is considered dangerous, or other reasons cause Party B to be unable to live normally, Party A shall reduce this before Party A maintains or repairs it. The rent for the paragraph date.

Article 38 Due to force majeure, this contract cannot be fulfilled. This contract is naturally terminated. Party A shall return the rent paid by Party B within 15 days from the date of termination of this contract. Other relevant issues shall be handled in accordance with relevant state regulations.

Part 10 Notice

Article 39 Notices or other communications issued by any party in accordance with this Agreement shall be written in Chinese, and the notice may be submitted by hand or by registered mail or by a recognized courier service or fax to the other party. The date on which the notice is deemed to be effective shall be determined as follows:

The notice submitted by the special person shall be deemed to be served on the date of delivery of the person;

Notices sent by fax are deemed to be delivered on the first business day following the date of successful transmission and reception.

Part XI Dispute Resolution

Article 40 The parties shall settle the dispute arising from the performance of this Agreement through negotiation. If the negotiation fails, the case may be brought to the court where the house is located.

Part XII Contract Effective

Article 41 This Agreement shall come into force on the date of signature by both parties. If there are other stipulations in this contract or as prescribed by laws and administrative regulations, then it shall be agreed or stipulated.

Article 42 Party A shall, in accordance with state regulations, go through various formalities that should be handled by the State, such as a house leasing certificate, a house leasing record registration, and a public security permit. If Party A still fails to complete the above procedures within 30 days from the date of signature by both parties to this Agreement, Party B has the right to terminate this contract.

Part XIII breach of contract liability

Article 43 Failure by either party to perform any of the terms of this Agreement is considered a breach of contract.

Article 44 Any party who receives a written notice from the other party specifying the breach of contract shall, within 15 days, confirm or file a written objection or additional explanation. If you do not respond in writing within 15 days, you will be deemed to have accepted the written notice. Under this circumstance, Party A and Party B shall negotiate on this issue. If the negotiation fails, it shall be settled in accordance with the dispute clause of this Agreement. The defaulting party shall bear the economic losses caused to the observant party due to its own breach of contract.

Section XIV Claim

Article 45 If Party A fails to perform this contract due to unreasonable reasons, Party A shall return the rents that Party B has already delivered and the various expenses that Party B has invested in on the basis of trust, including but not limited to the intermediary fees delivered by Party B. The relocation expenses, the repair expenses that Party B has paid and will not be paid but will be incurred, and the installation cost of fixed equipment added by Party B for normal living needs.

Article 46 If the contract fails to perform due to Party A's improper reasons, Party A shall pay Party B a compensation amount of RMB yuan in one lump within 7 days from the date when the contract cannot be fulfilled as compensation for Party B's indirect loss.

Article 47 If the contract cannot be performed due to the improper cause of Party B, Party B shall pay Party A the compensation amount of RMB yuan in one lump within 7 days from the date of invalidation of the contract as compensation for indirect loss to Party B. Otherwise, Party A has the right to temporarily Detain the rent that Party B has already delivered. Party B shall not compensate for all kinds of expenses that Party B has invested in on the basis of trust.

Article 48 Party B shall pay the rent payable in the past due date. From the date of overdue, Party B shall pay Party A the liquidated damages on the basis of 2% of the rent payable, but the liquidated damages shall not exceed 3 months. If Party B defaults on rent for more than 60 days, Party A has the right to recover the house and investigate Party B’s liability for breach of contract.

Article 49 Party A shall not deliver the house to Party B in accordance with the contract. From the date of overdue, Party B shall pay Party B a daily liquidated damages of RMB, but the liquidated damages shall not exceed 3 months. Party A has overdue the delivery of the house for more than 60 days, and Party B has the right to unilaterally terminate the contract and investigate Party A’s responsibility.

Article 50 If the dispute between the two parties in the performance of this contract cannot be resolved by consensus, the defaulting party shall bear the expenses of the observant party to protect its own rights and expenses including but not limited to travel expenses, legal fees, evidence collection fees, and attorney fees.

Part 15 Supplementary Provisions

Article 51 This Agreement shall be in the form of one share, two copies of Party A and Party B, one copy of the taxation department and one part of the house lease administration department, all of which have the same legal effect.

Article 52 If there are any outstanding matters in this Agreement, additional provisions may be made by mutual agreement, and the supplementary provisions shall have the same effect as the Agreement. If the supplementary provisions are inconsistent with the terms of this contract, the supplementary provisions shall prevail.

Article 53 The term "law" in this Agreement refers to the provisions promulgated by the National People's Congress or its Standing Committee: "Regulations" refer to administrative regulations and local regulations: "Regulations" refer to departmental regulations and regulations formulated by local governments. .

Party A’s signature:

Address: ;

ID Number:

phone:

time:

Signature of Party B:

Address: ;

ID Number:

phone:

time: