Is a rental contract a property lease?

1. What is a rental contract?

Pursuant to Article 472, Article 473, Article 474 and Article 476 of the 2015 Civil Code stipulates the following contents:

“Article 472. Property lease contract

An asset lease contract is an agreement between the parties, whereby the lessor delivers the asset to the lessee for use for a period of time, and the lessee must pay rent.

Housing lease contracts and house lease contracts for other purposes are implemented in accordance with the provisions of this Code, the Housing Law and other relevant laws.

Article 473. Rental price

1. The rental price is agreed upon by the parties or determined by a third person at the request of the parties, unless otherwise prescribed by law.

2. In case there is no agreement or the agreement is unclear, the rental price is determined according to the market price at the location and time of entering into the lease contract.

Article 474. Lease term

1. The lease term is agreed upon by the parties; If there is no agreement, it will be determined according to the rental purpose.

2. In case the parties do not agree on the lease term and the lease term cannot be determined according to the lease purpose, each party has the right to terminate the contract at any time, but must notify the other party in advance. reasonable time.”

“Article 476. Handover of leased property

1. The lessor must deliver the property to the lessee in accordance with the agreed quantity, quality, type, condition, time and location and provide necessary information about the use of that property.

2. In case the lessor delays in delivering the property, the lessee can extend the delivery of the property or cancel the contract and request compensation for damages; If the leased property is not of the agreed quality, the lessee has the right to request the lessor to repair, reduce the rental price or cancel the contract and request compensation for damages.

With the above provisions, a housing lease contract is a contract between mutual agreements, whereby the lessor delivers the house to the lessee for use for a period of time, and the lessee must pay rent according to the agreement. Issues regarding rental price and rental term are agreed upon by the parties and then jointly guaranteed to be implemented in the spirit of equality. equal and voluntary.

Thus, a house lease contract is a form of property lease contract, so the legal regulations for house lease contracts will be equivalent to those of a property lease contract.