The lessee may directly request the termination of the house lease contract, or the leased house may endanger the safety or health of the lessee, and the lessee may also terminate the contract at any time.
If the rental contract is pitted, specific measures need to be taken according to the specific situation. Specifically divided into the following situations:
1. If some clauses in the lease contract violate the mandatory provisions of Chinese laws and administrative regulations, the lessee may request the people's court to declare these clauses invalid. For example, the format clause formulated by the landlord excludes the lessee's main rights, which violates the prohibitive provisions of the law and is invalid;
2. In order to terminate the contract, the lessee needs to find the specific basis for terminating the contract. According to the relevant provisions of China's Civil Code, if the house lease contract is an indefinite lease contract, both parties may terminate the contract at any time. In this case, the lessee can request to directly terminate the house lease contract. Or the rented house may endanger the safety or health of the lessee, the lessee may also terminate the contract at any time. In other words, the lessee can directly negotiate with the landlord or take the form of prosecution to safeguard his legitimate rights and interests.
Matters needing attention in the lease contract are as follows:
1, clarify the situation of both parties. The contract shall contain personal information such as the name and address of the lessor and the lessee;
2. The specific situation of the house. Write down the exact location of the house, such as a room on a road; Housing area; House decoration;
3. Housing purposes. Mainly explain the following two points: whether the house is used for the tenant's self-occupation, the tenant's family residence, or whether the tenant or his family is allowed to share with others; Housing can only be used for living, but also for other purposes, such as office.
4. Term of lease. Because the lessee does not want to move frequently and the lessor does not want to find a new lessee in a short time, both parties need a relatively stable time, so it is necessary to stipulate a time limit in the contract; The lessor shall extend the lease term as appropriate;
5. Rent and payment method. The house rent shall be determined by the lessor and the lessee through consultation. During the lease term, the lessor shall not raise the rent without authorization. The payment methods of rent are generally annual, semi-annual and quarterly. If you pay the rent for a long period in one lump sum, you can bargain with the lessor and ask for some concessions. However, from the perspective of the lessee's economic affordability, the economic burden caused by monthly or quarterly payment is relatively small;
6. Responsibility for house repair. The lessor is the owner of the house or the owner's principal, so it is the lessor's responsibility to repair the house. The lessee should carefully check the house and its internal facilities before leasing to ensure that it can be used normally in the future. If the house or facilities are damaged during normal use, the lessee shall promptly notify the lessor to ask the property management company for maintenance. However, if damage is caused by the lessee's improper use, the lessee shall be responsible for maintenance or compensation. If the lessor is unable to repair the house, the lessee can jointly contribute to the maintenance, and the maintenance expenses borne by the lessee can offset the rent payable or be repaid by the lessor in installments;
7. Changes in housing conditions. The lessee shall take good care of the house and various facilities, and shall not dismantle, modify, expand or add them without authorization. If it is really necessary to change the house, it is necessary to obtain the consent of the lessor and sign a written agreement;
8. Sublease agreement. Some tenants rent houses not for self-occupation, but to obtain rental income through subletting. Because this sublease behavior affects the interests of the lessor, both parties should stipulate sublease in the contract. If sublease is allowed, both parties can negotiate to determine the proportion of sublease income; Sublease is not allowed, and if the lessee subleases it without authorization, the lessor has the right to terminate the lease contract;
9. Liability for breach of contract. When signing a contract, both parties should think about the possible breach of the contract and stipulate the corresponding punishment methods in the contract;
10. Alteration and termination of the lease contract. If the lessor and the lessee think it necessary to change the above contract terms during the lease process, such as the lease term, rent, etc. Both parties can change the contract through consultation.
To sum up, the lessee can directly negotiate with the landlord or take the form of prosecution to safeguard his legitimate rights and interests.
Legal basis:
Article 729th of the Civil Code of People's Republic of China (PRC).
If part or all of the leased property is damaged or lost due to reasons not attributable to the lessee, the lessee may request to reduce the rent or not pay the rent; If the purpose of the contract cannot be achieved due to partial or total damage or loss of the lease item, the lessee may terminate the contract.
Article 562
The parties may terminate the contract if they reach an agreement through consultation. The parties may agree on the reasons for one party to terminate the contract. When the reasons for the termination of the contract arise, the creditor may terminate the contract.
Article 563
In any of the following circumstances, the parties may terminate the contract:
(a) the purpose of the contract cannot be achieved due to force majeure;
(two) before the expiration of the time limit for performance, one party clearly indicated or indicated by his own behavior that he would not perform the main debt;
(three) one party delays the performance of the main debt and fails to perform it within a reasonable period after being urged;
(4) One of the parties delays the performance of debts or commits other breach of contract, which makes it impossible to achieve the purpose of the contract;
(5) Other circumstances stipulated by law. For an indefinite contract whose content is to continue to perform debts, the parties may terminate the contract at any time, but they shall notify the other party before a reasonable time limit.