First, the legal consequences of the expiration of the rental contract
When the lease contract expires, if both parties do not renew the contract but the tenant continues to use the house, then the terms in the original lease contract still have certain legal effect. According to the Contract Law of the People's Republic of China, when the contract expires, if the parties continue to perform their contractual obligations and the other party accepts them, it is deemed that both parties agree to continue to perform the original contract terms.
Second, the potential risks of not renewing the contract
Although the original contract terms are still valid during the lease renewal period, failure to renew the new contract will also bring some potential risks. First of all, if there is a dispute over the rights and obligations of both parties during the lease renewal period, it may be more complicated and difficult to resolve the dispute because there is no clear written contract as the basis. Secondly, if the local laws and regulations have specific requirements for the rental contract, such as it must be in written form or registered for the record, the failure to renew the new contract may lead to the failure to fully protect the legal rights and interests of both parties.
III. Suggested measures
In order to avoid potential risks, it is suggested that tenants and landlords negotiate and renew new contracts in time before the lease contract expires. The new contract should specify the rights and obligations of both parties, including rent, lease period, maintenance responsibility and other important matters. If both parties reach an agreement on the terms of lease renewal, they should sign a written contract as soon as possible and go through relevant formalities to ensure that the rights and interests of both parties are protected.
In addition, tenants and landlords should also keep in touch during the lease renewal period and deal with possible problems and disputes in a timely manner. In case of dispute, both parties shall first try to settle it through friendly negotiation; If the negotiation fails, you can seek legal channels to safeguard your rights and interests.
To sum up:
If the lease contract expires and the lease is renewed, although the original contract terms still have certain legal effect during the renewal period, it may also bring potential risks. In order to avoid disputes and protect the rights and interests of both parties, it is suggested that both parties negotiate and renew the new contract in time to clarify their respective rights and obligations.
Legal basis:
Contract Law of the People's Republic of China
Article 236 stipulates:
Upon the expiration of the lease term, the lessee continues to use the leased property, and if the lessor does not raise any objection, the original lease contract will remain valid, but the lease term is indefinite.