Tap "LegalTips"

to follow us

Related articles:She found Shes Pregnant After Signing the Dissolution Agreement
I Want My Equity Back!
Master Plan Unveiled for Hainan Free Trade Port
Article 703    A lease contract is a contract whereby the lessor delivers to the lessee the item for the latter's use or benefit therefrom, and the lessee pays the lease expense.   Article 704    The contents of a lease contract generally include terms such as the name, quantity and purpose of the leased property, lease term, lease expense as well as time limit and method for its payment, and maintenance of the leased property.   Article 705    The term of a lease shall not exceed twenty years. Where the term of a lease exceeds twenty (20) years, that part of the lease beyond the said limit shall be null and void.At the expiration of the term of a lease, the parties may renew the lease contract; however, the renewed term as agreed may not exceed 20 years commencing on the date of renewal.   Article 706    If the parties to a lease contract fail to go through the formalities of registration of such contract accordance with the provisions of laws and administrative regulations, the effectiveness of the contract shall not be affected.   Article 707    Where the term of a lease is six (6) months or longer, the lease shall be in writing. If the parties fail to adopt a written form, and it is impossible to determine the term of the lease, the lease shall be deemed as a non-fixed term lease.   Article 708    The lessor shall deliver the leased property to the lessee in accordance with the contract and shall, within the lease term, keep the leased property fit for the agreed purpose.   Article 709    The lessee shall use the leased property in accordance with agreed methods. Where there is no agreement in the contract on the method of use of the leased property or such agreement is unclear, nor can it be determined in accordance with the provisions of Article 510 hereof, the leased property shall be used in light of its nature.   Article 710    If the lessee uses the leased property in accordance with the agreed usages or in a manner consistent with its nature, and there is wear and tear to the leased property as a result, the lessee shall not be liable for compensation.   Article 711    Where the lessee fails to use the leased property in the agreed manner or in a manner consistent with its nature, thereby causing damage to it, the lessor may rescind the contract and claim compensation for losses.   Article 712    The lessor shall perform its obligation to make repairs to the leased property, except where the parties agree otherwise.   Article 713    When the leased property needs to be repaired, the lessee may request the lessor to make repairs within a reasonable period of time. If the lessor fails to perform its obligations of maintenance or repair, the lessee may maintain or repair the leased property on its own at the lessor's expense. Where the lessee's use of the leased property is impaired due to maintenance or repair thereof, the lease expense shall be reduced or the lease term shall be extended accordingly.Where the leased property needs maintenance and repair due to the fault of the lessee, the lessor does not assume the maintenance and repair obligations as provided in the preceding paragraph.   
Article 714    The lessee shall keep the leased property with due care and shall be liable for compensation in case of damage or loss to the leased property due to improper care.   Article 715    With the consent of the lessor, the lessee may make improvements to, or affix attachments to the leased property.Where the lessee makes improvement on or addition to the leased property without consent of the lessor, the lessor may require the lessee to restore the leased property to its original condition or compensate for the losses.   Article 716    Subject to consent of the lessor, the lessee may sublease the leased property to a third party. Where the lessee subleases the leased property, the lease contract between the lessee and the lessor shall remain effective; where a third party causes losses to the leased property, the lessee shall compensate for such losses.Where the lessee subleases the leased property without the consent of the lessor, the lessor may rescind the contract.   Article 717    Where the lessee subleases the leased property to a third party with the consent of the lessor, and the sublease term exceeds the remaining lease term of the lessee, the agreement on the part in excess shall not be legally binding upon the lessor, unless otherwise agreed upon by the lessor and the lessee.   Article 718    Where the lessor knows or should know about the sublease of the lessee but fails to raise any objection within six months, it shall be deemed that the lessor agrees to the sublease.   Article 719    If the lessee defaults on the payment of the lease expense, the sub- lessee may pay the outstanding lease expense and liquidated damages on behalf of the lessee, except that the sublease contract has no legally binding force upon the lessor.The lease expense and liquidated damages paid by the sub- lessee on behalf of the lessee may be used to offset the lease expense payable by the sub- lessee to the lessee; if the amount of the lease expense exceeds the payable lease expense, the sub-lessee may have recourse against the lessee.   
Article 720    During the lease term, any benefit accrued from the possession or use of the leased property shall belong to the lessee, except as otherwise agreed by the parties.   
Article 721    The lessee shall pay the lease expense within the time limit agreed upon. Where there has been no agreement or no clear agreement as to the deadlines for the payment of lease expense, and it is not possible to determine the issue in accordance with the provisions of Article 510 hereof, if the lease term is less than one (1) year, lease expense shall be paid at the expiry of the lease term; if the lease term is one (1) year or longer, lease expense shall be paid at the expiry of each year of the lease term, and if the remaining term is less than one (1) year, lease expense shall be paid at the expiry of the lease term.   


Article 722    In the event that the lessee fails to pay or delays in paying the lease expense without justified reasons, the lessor may request the lessee to pay the lease expense within a reasonable time limit. If the lessee fails to pay the lease expense within the time limit, the lessor may rescind the contract.   
Article 723    If, due to any claim by a third party, the lessee is unable to use or accrue benefit from the leased property, the lessee may request a reduction in lease expense or refuse to pay lease expense.Where rights are claimed by a third party, the lessee shall notify the lessor in time.   
Article 724    The lessee may rescind the contract under any of the following circumstances where the leased property cannot be used due to reasons not attributable to the lessee:(I)Where the leased property is legally sealed up or seized by the judicial authority or administrative authority;(II) There is dispute over the ownership of the leasehold property right;(III) Where the leased property is in violation of the mandatory provisions of laws and administrative regulations in respect of use conditions.   Article 725    Where there is a change of ownership of the leased property during the period of the lessee's possession under the lease contract, this shall not affect the effectiveness of the lease contract.   Article 726    Where the lessor is to sell a dwelling unit under a lease, it shall give the lessee a notice within a reasonable time limit before the sale, and the lessee has the right of first refusal under the same conditions, except where the co-owners by shares exercise their right of first refusal or the lessor is to sell the dwelling unit to their close relatives.Where the lessee does not clearly express to purchase the dwelling unit within 15 days after the lessor performs the obligation of notice, the lessee shall be deemed to waive the right of first refusal.   Article 727    Where the lessor entrusts an auctioneer with auction of a leased dwelling unit, it shall notify the lessee five days prior to the auction. Where the lessee does not participate in the auction, it shall be deemed to have waived the right of first refusal.   Article 728    Where the lessor fails to notify the lessee or hinders the lessee from exercising the right of first refusal, the lessee may request the lessor to bear the liability for compensation. However, the validity of the house transaction contract concluded by and between the lessor and the third party shall not be affected.   Article 729    Where the leased property is damaged or lost in part or in whole due to any reason not attributable to the lessee, the lessee may request a reduction of the lease expense or not to pay the lease expense; where the purpose of the contract cannot be achieved due to damage to or loss of the leased property in part or in whole, the lessee may rescind the contract.   Article 730    Where the term of a lease is not agreed or the agreement is not clear, nor can it be determined in accordance with Article 510 hereof, such lease is deemed a non-fixed term lease. The parties may terminate the contract at any time, provided that they notify the other party within a reasonable period of time in advance.   Article 731    Where the leased property endangers the safety or health of the lessee, the lessee may terminate the contract at any time even if the lessee knows the leased property does not meet the quality requirements when concluding the contract.   Article 732    Where the lessee is deceased during the term of a house lease, the persons who live together with the deceased or the joint operators may lease the house under the original lease contract.   Article 733    Upon the expiry of the lease period, the lessee shall return the leased property. The property returned shall be in conformity with the conditions after use in accordance with the contract or in light of its nature.   Article 734    Where the lessee continues to use the leased property after the expiry of the lease term, and the lessor does not raise any objections, the original lease contract shall continue to be valid, but the lease will become a non-fixed term lease.When the term of the lease expires, the lessee of the house shall have the priority to lease the house on the same conditions.   


Tap "Read More" to visit our website

\n

PRC Civil Code: Chapter 14-Lease Contracts

Tap "LegalTips"

to follow us

Related articles:She found Shes Pregnant After Signing the Dissolution Agreement
I Want My Equity Back!
Master Plan Unveiled for Hainan Free Trade Port
Article 703    A lease contract is a contract whereby the lessor delivers to the lessee the item for the latter's use or benefit therefrom, and the lessee pays the lease expense.   Article 704    The contents of a lease contract generally include terms such as the name, quantity and purpose of the leased property, lease term, lease expense as well as time limit and method for its payment, and maintenance of the leased property.   Article 705    The term of a lease shall not exceed twenty years. Where the term of a lease exceeds twenty (20) years, that part of the lease beyond the said limit shall be null and void.At the expiration of the term of a lease, the parties may renew the lease contract; however, the renewed term as agreed may not exceed 20 years commencing on the date of renewal.   Article 706    If the parties to a lease contract fail to go through the formalities of registration of such contract accordance with the provisions of laws and administrative regulations, the effectiveness of the contract shall not be affected.   Article 707    Where the term of a lease is six (6) months or longer, the lease shall be in writing. If the parties fail to adopt a written form, and it is impossible to determine the term of the lease, the lease shall be deemed as a non-fixed term lease.   Article 708    The lessor shall deliver the leased property to the lessee in accordance with the contract and shall, within the lease term, keep the leased property fit for the agreed purpose.   Article 709    The lessee shall use the leased property in accordance with agreed methods. Where there is no agreement in the contract on the method of use of the leased property or such agreement is unclear, nor can it be determined in accordance with the provisions of Article 510 hereof, the leased property shall be used in light of its nature.   Article 710    If the lessee uses the leased property in accordance with the agreed usages or in a manner consistent with its nature, and there is wear and tear to the leased property as a result, the lessee shall not be liable for compensation.   Article 711    Where the lessee fails to use the leased property in the agreed manner or in a manner consistent with its nature, thereby causing damage to it, the lessor may rescind the contract and claim compensation for losses.   Article 712    The lessor shall perform its obligation to make repairs to the leased property, except where the parties agree otherwise.   Article 713    When the leased property needs to be repaired, the lessee may request the lessor to make repairs within a reasonable period of time. If the lessor fails to perform its obligations of maintenance or repair, the lessee may maintain or repair the leased property on its own at the lessor's expense. Where the lessee's use of the leased property is impaired due to maintenance or repair thereof, the lease expense shall be reduced or the lease term shall be extended accordingly.Where the leased property needs maintenance and repair due to the fault of the lessee, the lessor does not assume the maintenance and repair obligations as provided in the preceding paragraph.   
Article 714    The lessee shall keep the leased property with due care and shall be liable for compensation in case of damage or loss to the leased property due to improper care.   Article 715    With the consent of the lessor, the lessee may make improvements to, or affix attachments to the leased property.Where the lessee makes improvement on or addition to the leased property without consent of the lessor, the lessor may require the lessee to restore the leased property to its original condition or compensate for the losses.   Article 716    Subject to consent of the lessor, the lessee may sublease the leased property to a third party. Where the lessee subleases the leased property, the lease contract between the lessee and the lessor shall remain effective; where a third party causes losses to the leased property, the lessee shall compensate for such losses.Where the lessee subleases the leased property without the consent of the lessor, the lessor may rescind the contract.   Article 717    Where the lessee subleases the leased property to a third party with the consent of the lessor, and the sublease term exceeds the remaining lease term of the lessee, the agreement on the part in excess shall not be legally binding upon the lessor, unless otherwise agreed upon by the lessor and the lessee.   Article 718    Where the lessor knows or should know about the sublease of the lessee but fails to raise any objection within six months, it shall be deemed that the lessor agrees to the sublease.   Article 719    If the lessee defaults on the payment of the lease expense, the sub- lessee may pay the outstanding lease expense and liquidated damages on behalf of the lessee, except that the sublease contract has no legally binding force upon the lessor.The lease expense and liquidated damages paid by the sub- lessee on behalf of the lessee may be used to offset the lease expense payable by the sub- lessee to the lessee; if the amount of the lease expense exceeds the payable lease expense, the sub-lessee may have recourse against the lessee.   
Article 720    During the lease term, any benefit accrued from the possession or use of the leased property shall belong to the lessee, except as otherwise agreed by the parties.   
Article 721    The lessee shall pay the lease expense within the time limit agreed upon. Where there has been no agreement or no clear agreement as to the deadlines for the payment of lease expense, and it is not possible to determine the issue in accordance with the provisions of Article 510 hereof, if the lease term is less than one (1) year, lease expense shall be paid at the expiry of the lease term; if the lease term is one (1) year or longer, lease expense shall be paid at the expiry of each year of the lease term, and if the remaining term is less than one (1) year, lease expense shall be paid at the expiry of the lease term.   


Article 722    In the event that the lessee fails to pay or delays in paying the lease expense without justified reasons, the lessor may request the lessee to pay the lease expense within a reasonable time limit. If the lessee fails to pay the lease expense within the time limit, the lessor may rescind the contract.   
Article 723    If, due to any claim by a third party, the lessee is unable to use or accrue benefit from the leased property, the lessee may request a reduction in lease expense or refuse to pay lease expense.Where rights are claimed by a third party, the lessee shall notify the lessor in time.   
Article 724    The lessee may rescind the contract under any of the following circumstances where the leased property cannot be used due to reasons not attributable to the lessee:(I)Where the leased property is legally sealed up or seized by the judicial authority or administrative authority;(II) There is dispute over the ownership of the leasehold property right;(III) Where the leased property is in violation of the mandatory provisions of laws and administrative regulations in respect of use conditions.   Article 725    Where there is a change of ownership of the leased property during the period of the lessee's possession under the lease contract, this shall not affect the effectiveness of the lease contract.   Article 726    Where the lessor is to sell a dwelling unit under a lease, it shall give the lessee a notice within a reasonable time limit before the sale, and the lessee has the right of first refusal under the same conditions, except where the co-owners by shares exercise their right of first refusal or the lessor is to sell the dwelling unit to their close relatives.Where the lessee does not clearly express to purchase the dwelling unit within 15 days after the lessor performs the obligation of notice, the lessee shall be deemed to waive the right of first refusal.   Article 727    Where the lessor entrusts an auctioneer with auction of a leased dwelling unit, it shall notify the lessee five days prior to the auction. Where the lessee does not participate in the auction, it shall be deemed to have waived the right of first refusal.   Article 728    Where the lessor fails to notify the lessee or hinders the lessee from exercising the right of first refusal, the lessee may request the lessor to bear the liability for compensation. However, the validity of the house transaction contract concluded by and between the lessor and the third party shall not be affected.   Article 729    Where the leased property is damaged or lost in part or in whole due to any reason not attributable to the lessee, the lessee may request a reduction of the lease expense or not to pay the lease expense; where the purpose of the contract cannot be achieved due to damage to or loss of the leased property in part or in whole, the lessee may rescind the contract.   Article 730    Where the term of a lease is not agreed or the agreement is not clear, nor can it be determined in accordance with Article 510 hereof, such lease is deemed a non-fixed term lease. The parties may terminate the contract at any time, provided that they notify the other party within a reasonable period of time in advance.   Article 731    Where the leased property endangers the safety or health of the lessee, the lessee may terminate the contract at any time even if the lessee knows the leased property does not meet the quality requirements when concluding the contract.   Article 732    Where the lessee is deceased during the term of a house lease, the persons who live together with the deceased or the joint operators may lease the house under the original lease contract.   Article 733    Upon the expiry of the lease period, the lessee shall return the leased property. The property returned shall be in conformity with the conditions after use in accordance with the contract or in light of its nature.   Article 734    Where the lessee continues to use the leased property after the expiry of the lease term, and the lessor does not raise any objections, the original lease contract shall continue to be valid, but the lease will become a non-fixed term lease.When the term of the lease expires, the lessee of the house shall have the priority to lease the house on the same conditions.   


Tap "Read More" to visit our website

\n

No comments:

Post a Comment