合同是适应私有制的商品经济的客观要求而出现的,是商品交换在法律上的表现形式。合同是适应私有制的商品经济的客观要求而出现的,是商品交换在法律上的表现形式。相信很多朋友都对拟合同感到非常苦恼吧。下面是小编带来的优秀合同模板,希望大家能够喜欢!
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在日常房屋租赁中,大多数租客在原有房屋租赁合同约定的租赁期限届满时往往继续使用租赁房屋而没有与出租人续签租赁合同。那么,如何看待房屋租赁合同过期但未续签的.问题呢?
【法律依据】
中华人民共和国合同法第二百三十二条【租期不明的处理】当事人对租赁期限没有约定或者约定不明确,依照本法第六十一条的规定仍不能确定的,视为不定期租赁。当事人可以随时解除合同,但出租人解除合同应当在合理期限之前通知承租人。
第二百三十六条【续租】租赁期间届满,承租人继续使用租赁物,出租人没有提出异议的,原租赁合同继续有效,但租赁期限为不定期。
一、原房屋租赁合同有效
当房屋租赁合同到期,承租人没有搬出,仍然继续使用房屋且支付租金,而出租人没有提出反对且也接受租金,即可以推定双方有继续履行租赁合同的合意。那么原来的房屋租赁合同依然有效。
二、租赁期限变为不定期
房屋租赁合同到期承租人继续使用租赁房屋而没有续签租赁合同的,出租人与承租人由原来的固定期限租赁合同关系转为不定期租赁合同关系。
三、承租人与出租人可以随时解除不定期租赁合同,但出租人在解除不定期租赁合同时,应当在合理期限之前通知承租人。
对于不定期租赁合同,法律规定当事人可以随时解除合同。但是因承租人在搬出租赁房屋之前,还有寻找住处、搬家等事宜需要另行处理。因此,法律同时对出租人的合同解除权作了一些限制,要求出租人在解除合同时,应当在合理期限之前通知承租人。对于合理期限,应该看原租赁合同是否已有约定。有约定从约定,没有约定按习惯确定。实践中一般为10天至30天。
例如,原租赁合同约定,房东在解除房屋租赁合同前要提前1个月通知租客,那么在原租赁合同届满后继续出租房屋的房东如果要解除租赁的,依然要依照原有合同的约定提前1个月通知租客。
据此,过期的房屋租赁合同即使没有续签也依然是有效的,但是双方在任何时间都能解除合同,不过解除合同需按照原有租赁合同的约定对租客进行通知。如果您在租赁方面有疑惑的,小编建议您咨询专业律师的意见。
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出租人(甲方):
授权代表人:
承租人(乙方)及单位:
授权代表人:
见证方:长沙xx有限公司
根据《中华人民共和国合同法》和长沙市政府有关规定,甲乙双方在自愿、平等、互利的基础上,协商一致,订立本合同,承诺共同遵守。合同内容如下:
一、出租物业坐落地点及设施情况:
1.甲方将其拥有的位于长沙市________区________的房屋(以下简称为“该房屋”)
租给乙方使用,用途为________,房屋面积为______________平方米。
2.该房屋现有装修及设施情况见附件。除双方另有约定外,该附件做为甲方按照本合同约定交付乙方使用和乙方在本合同租赁期满交还该房屋的验证依据。
二、租赁期限
1.该房屋租赁期限共________个月,自______年______月______日至______年______月______日止。
2.租赁期内,甲乙双方未经协商一致均不得提前解约。
3.租赁期满,甲方有权收回该房屋,乙方应如期交还。乙方若要求续租,则必须在租赁期满前一个月
内通知甲方,经甲方同意后重新订立租赁合同。
三、租金及支付方式
1.该房屋租金为人民币(大写)__________元月(此价格不含相关税费),乙方应同时交纳租金定金________________元给甲方。
2.在签订本合同时,甲方须交纳中介服务费人民币(大写) 元;乙方须交纳中介服务费人民币(大写) 元。
3.该房屋租金按______支付、支付时间为______,以对方实际收到为准。
4.乙方若逾期支付租金,每逾期一天,则乙方需按月租金的0.5%支付滞纳金。拖欠租金超过一个月,甲方有权收回该房屋,乙方须按实际居住日交纳租金并负担违约责任。
四、租赁条件
1.甲方应向乙方出示该房屋的(房屋所有权证)或有权决定该房屋出租的相关证明。
2.甲方应保证该房屋的出租不违反国家法律法规的相关规定井保证自己有权决定此租赁事宜;
合同后双方当事人应按国家规定进行备案。
3.乙方不得在该房屋内进行违反法律法规及政府对出租房屋用途有关规定的行为。
4.未经甲方书面同意,乙方不得将该房屋部分或全部转租他人。若擅自转租,甲方有权终止合同,由
乙方承担对甲方及第三方的违约责任。
5.乙方承担租赁期内_______________________________________________等实际使用的费用,若有特殊
约定则从其约定。(电话费、水费、电费、煤气费、物业管理费和暖气费、治安费、收视费、发票)
6.因乙方使用不当或不合理使用致使该房虞或其内部设施出现损坏或发生故障,乙方应及时联络进
行维修并负担所发生的费用。由于不可抗力及非乙方原因造成的损失由甲方负责承担有关维修
的费用。如经维修确系乙方不能正常使用双方协商解决。
7.租赁期内乙方因使用需要对出租房屋或屋内设施进行装修或改动,须经甲方同意并经政府有关部
门批准,甲方有权对装修或改动情况进行监督。合同期满时乙方不得移走自行添加的结构性设
施,甲方也无须对以上设施进行补偿。
五、产权变更
1.如甲方依法定程序将房屋所有权转移给第三方时,应提前三个月书面通知乙方,并保证乙方可以依本合同的规定继续使用该房屋,否则视甲方违约。
2.甲方若出售该房屋,须提前三个月书面通知乙方,同等条件下乙方拥有优先购买权。
六、关于押金
为保证乙方合理并善意地使用该房屋及其配套设施,乙方应在签订本合同并交纳首期租金时支付甲
方——元做为押金。待租赁期限届满,甲方验房并认可后,乙方将该房屋钥匙交与甲方,同时甲方将
此押金全部归还乙方。
七、合同的终止
1.租赁期限届满或经甲、乙双方协商一致本合同终止。
2.乙方应在期满当日将房屋钥匙及正常使用状态下的附件中所列物品交给甲方 物品均视为放弃,甲方有权处置,乙方绝无异议。
3.若甲、乙双方中的一方违约.另一方有权终止合同,并向对方提出赔偿要求。
八、违约的处理
1.甲方违约的处理
(1)甲方未按合同规定的时间将功能完备及附属设施完好的房屋提供乙方使用的,每逾期一天,甲方应按月租金的0.5%向乙方支付违约金,逾期7天仍不履行,乙方有权终止合同。甲方应按上述规定支付违约金,若乙方实际损失超过违约金的,甲方应据实赔偿。
(2) 自合同签订之日起到租赁期届满若非乙方过失甲方擅自解除本合同提前收回该房屋的,甲方应按年度总租金的xx年租金20%的违约金,若违约金不足弥补甲方损失的,乙方还应另行据实赔偿,甲方有权终止合同。
(2)租赁期内乙方逾期交纳本合同第四条第五款所规定的应由乙方交纳的费用达壹个月时,甲方有权用押金支付上述费用,乙方承担造成的一切后果。
(3)租赁期限届满,若乙方未能将设施完好的房屋及时交给甲方,乙方应按原日租金的贰倍按实际天数向甲方支付违约金。
(4)自合同签订之日起到租赁期届满若乙方中途擅自退租,所预付的租金及押金甲方可不予退还。
九、免责条款
1.房屋及其附属设施由于不可抗力造成的损失,甲、乙双方互不承担责任。
2.由于政府政策等原因导致合同不能全面履行的,甲、乙双方互不承担责任。
3. 租金按实际使用时间计算,多退少补。
十、甲乙双方均接受由见证方提供的短信及其他服务项目。(该服务项目最终解释权归乙方所有)
十一、特别约定:
十二、其他
1.本合同一式三份,甲、乙双方各执一份,交天津顺驰置业集团有限公司一份。
2.甲乙双方履行本合同时所发生的争议应协商解决,协商不成的可以向房屋所在地人民法院起诉,
3.本合同附件是本合同不可分割的一部分,与本合同有同等的法律效力。
4.长沙xx有限公司作为见证方,谨对上述合同条款不违反国家相关法律的强制性规定予以
见证,甲乙双方在签定、履行本协议过程中产生的纠纷应由双方自行解决。
附件:出租房屋的附属设备清单。
出租人(甲方):
授权代表人:
签约日期: 年 月 日
承租人(乙方):
授权代表人:
签约日期: 年 月 日
见证方:长沙xx有限公司
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