Chinanews client, Beijing, July 11 (Peng Ningling) This graduation season, large-scale college graduates have entered the workplace, setting off a new wave of "renting houses."

　　For fresh graduates, it is not easy to choose a home from a vast city. From finding a house to showing a house to signing a move in, novices are faced with a series of problems.

Is the second landlord really that scary?

Can the rental house be decorated as you wish?

Can the landlord leave because of the demand for selling the house?

　　Do you understand these renting laws concerning your vital interests?

Data map: In 2020, the faculty and staff of Renmin University of China packs luggage for graduates who cannot return to school.

Photo by China News Agency reporter Tomita

——Second landlord, is it so scary?

　　Not long ago, the news that "the second landlord signed a two-month lease to someone else for 3 years" attracted attention. Some netizens called out directly that you should never rent a house from the second landlord!

Many interviewees who have just graduated also said that they are most worried about meeting a second landlord when renting an apartment after graduation, not knowing whether their rights and interests are protected.

　　The so-called second landlord is a "second-hand landlord" who first rents the house from the original landlord, and then sublet the house as a whole or sub-let to others.

Compared with renting a house directly from the owner, it is actually just one more subletting procedure.

　　Regarding subletting, the Civil Code clearly stipulates that the lessee may sublet the leased property to a third party with the consent of the lessor.

In other words, renting a house from the second landlord is also recognized by the law.

　　However, it should be noted that the law also provides that if the lessee sublet without the lessor’s consent, the lessor can terminate the contract.

　　Therefore, when renting a house, you should first check the original homeowner’s property right and the original homeowner’s valid ID card, carefully check whether the property owner of the property right certificate is the same as the ID card, and ask for a copy as an attachment to the contract.

　　If the non-proprietor rents out, it is necessary to know whether the subletting has obtained the consent of the property owner, and leave written evidence, such as a power of attorney from the property owner, and written proof that the owner agrees to the lease.

-Do not sign an "oral contract", the lease period must be clear in writing!

　　In the civil field, for contract disputes, the court's priority is to review the terms agreed upon by both parties.

　　The Civil Code requires that if the lease term is more than 6 months, it should be in written form.

If the parties fail to adopt a written form and cannot determine the lease term, it shall be regarded as an irregular lease.

　　In addition, if the parties have not agreed on the lease term or the agreement is not clear, and it cannot be determined according to Article 510 of the Civil Code, it shall be regarded as an irregular lease.

　　Irregular leasing means that both parties can terminate the contract at any time.

For the tenants who have finally found a house and have already settled in, this situation will be directly passive.

　　Therefore, for the sake of your own rights, you should sign a written housing lease contract regardless of the length of the lease.

For the sake of standardization, the contract should try to use the model text of the house lease contract issued by the real estate authority in each region.

　　When signing the contract, the deposit, rent payment method and time, lease period, payment of water and electricity fees, house maintenance, and both parties’ responsibilities for breach of contract, etc., should be as clear as possible.

　　Be careful, no matter how much the renter’s promise is, as long as it is not implemented in writing, you can’t believe a word.

After the contract is signed, it is recommended to remind the landlord to register with the relevant department.

Data map: "Capture" the advertisement column of the companion room in the first school season.

Image source: Visual China

-"Invisible defects" such as excessive formaldehyde, the contract can be terminated at any time!

　　As an important place for eating and living, the environmental quality of the house is very important.

However, in reality, some black-hearted businesses quickly rent out newly renovated houses in order to obtain benefits as soon as possible, regardless of the lives and health of the tenants. News about the physical discomfort caused by excessive formaldehyde is frequently reported.

　　For such situations, Article 731 of the Civil Code clearly stipulates that if the leased property endangers the safety or health of the lessee, even if the lessee knows that the quality of the leased property is unqualified when the lessee concludes the contract, the lessee can still terminate the contract at any time.

　　Existing court judgments also show that when the formaldehyde exceeds the standard in the rental house, the tenant can request the cancellation of the contract.

　　In reality, if you feel obviously unwell after moving in, you should entrust a professionally qualified appraisal agency to do professional testing as soon as possible.

If the appraisal conclusion shows that the formaldehyde content exceeds the standard and has reached the concentration standard that endangers human health, the contract can be terminated in accordance with the law, and the corresponding expenses should be refunded.

If harm is caused to the body, the expenses of treatment and rehabilitation can also be claimed in accordance with relevant regulations.

——Landlords and shared roommates are not allowed to break into the room without permission!

　　In our daily life, we can also see news like this from time to time: the landlord enters the rental house privately to take away the noisy kittens in the house, and the female tenant said that the male tenant repeatedly broke in and stayed in the rented house during the bathing. Is there a personal space?

　　The Civil Code clearly stipulates that natural persons have the right to privacy.

No organization or individual may infringe the privacy rights of others by spying, harassing, divulging, disclosing, etc.

　　From the results of the above cases, it can be seen that whether a private house is an individual’s own house or a house occupied by renting, borrowing, etc., it belongs to the scope of the property controlled by the individual, and the spatial control of the property forms the privacy of the individual.

　　Therefore, if the landlord or co-tenant roommate breaks into the room without permission, we have the right to request that the landlord and the roommate infringe their privacy rights and demand them to bear civil legal liabilities such as an apology and compensation for mental damage.

If the circumstances are serious, the infringer may also bear administrative and criminal liabilities.

——If something is broken, the landlord shall bear the obligation to repair it!

　　What should I do if something breaks in the rental house?

　　Article 712 of the Civil Code stipulates that the lessor shall perform the maintenance obligation of the leased property, unless otherwise agreed by the parties.

　　According to the law, the lessee may request the lessor to repair the leased property within a reasonable period of time when the leased property needs to be repaired.

If the lessor fails to perform the maintenance obligation, the lessee may repair it by himself, and the repair cost shall be borne by the lessor.

If the use of the leased property is affected by the maintenance of the leased property, the rent shall be reduced or the lease period shall be extended accordingly.

　　In addition, if the leased property needs to be repaired due to the fault of the tenant, the lessor shall not be liable for the maintenance obligations stipulated in the preceding paragraph.

　　Therefore, the landlord should repair things in the house due to his own fault. If the tenant repairs by himself, he must keep the corresponding invoice and evidence and require the landlord to bear the cost.

Data map: In 2017, Wuhan's university student talent apartment was launched.

Photo by China News Agency reporter Zhong Xin

——To modify the house, get permission from the landlord!

　　It is worth mentioning that the decoration and maintenance are different.

　　The law stipulates that with the consent of the lessor, the lessee may improve or add other items to the leased item.

　　If the lessee makes improvements or additions to the leased property without the consent of the lessor, the lessor may request the lessee to restore the original condition or compensate for the loss.

　　Therefore, after moving in with a bag, in addition to small decorations that do not affect the building layout of the house, you can add large items such as air conditioners and water heaters, or even modify the entire house layout, you must get the landlord's permission.

——"Sale does not break the lease"!

The landlord can't drive people away from selling the house

　　It seems that there is always a lack of security in renting a house-the house is someone else’s, if the landlord sells the house and asks to leave the house, what should I do?

　　In this regard, Article 725 of the Civil Code requires that if the ownership of the leased property changes during the period of the lessee’s possession in accordance with the lease contract, the validity of the lease contract will not be affected.

　　According to the law, if a lessor sells a leased house, it shall notify the lessee within a reasonable period of time before the sale. The lessee has the right to first purchase under the same conditions; however, the co-owner of the house shall exercise the right of first refusal or the lessor shall sell the house. Except for close relatives.

　　In addition, if the lessor fails to notify the lessee, or there are other circumstances that hinder the lessee’s exercise of the right of first refusal, the lessee may request the lessor to bear the liability for compensation.

　　In other words, if the landlord wants to sell the house, not only can't directly drive the people, but also should notify the tenant before selling it.

　　As long as the rental period agreed in the contract has not expired, live in peace of mind!

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