Legal information

Some landlords will charge a deposit when renting a house, but deposits and security deposits are completely different. The landlord needs to write a receipt when collecting these two fees. In addition, renting a house also involves an agreement on liquidated damages. Many people are very concerned about it. Is the 200% liquidated damages in the rental contract legal? Next, let’s learn more about it with the editor of Yingting Law Firm.

Is a 200% penalty in a rental contract legal? It is of course unreasonable to set the liquidated damages of 200% for house leasing. If a dispute occurs, the lessor can ask the court to reduce the liquidated damages. The People's Court shall accept the request of the parties to appropriately reduce the agreed liquidated damages. If the liquidated damages are too high, the People's Court shall measure and make a ruling based on comprehensive factors such as actual losses, contract performance, degree of fault, expected benefits, etc. in accordance with the principles of fairness and good faith.

The provision of liquidated damages for leasing a house needs to be appropriate. Generally speaking, it is calculated based on the actual losses caused by the breach of contract. It is impossible to have too many or too few agreements. Issues that need to be paid attention to when leasing a house include a comprehensive comparison of the service models of each company and looking around to see whether the other party has an industrial and commercial license and a real estate bureau brokerage agency qualification certificate.

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Things to note when renting a house
1. Comprehensively compare the service models of various companies, shop around, and try not to pay or pay less than the house payment or room fee to avoid disputes.
2. Check whether the other party has an industrial and commercial license and a brokerage agency qualification certificate from the Real Estate Bureau. The industrial and commercial license should have a property agency business project, and the above two certificates should also have annual inspection seals.

3. Before viewing a house with the company, you should carefully read the intermediary contract provided by the other party. This link is very important. You should find out the terms that you think are unreasonable and discuss them with the other party before signing, because once the contract takes effect, it may be very detrimental to you in the future.
4. Do not hide private transactions with brokers. In order to save intermediary fees, some clients pay kickbacks to brokers privately, which is not advisable.

First of all, the source information of the house is the company's wealth. If the contract between the two parties is violated, the company will sue;
Second, agents who receive kickbacks generally have low moral standards. They may not dare to speak after checking in and continue to ask for money;
Third, there are currently some brokers who collude with outsiders, pretend to be fake landlords to commit fraud, defraud money and then run away, causing customers to suffer losses in vain with no way to recover.

5. When booking a room, be sure to check the landlord's ID card, household register, original real estate certificate, and all three certificates. Although the intermediary company is responsible for reviewing the documents, some agents are not responsible, so they must review it in person to avoid being defrauded by fake landlords. According to the actual experience of the intermediary company, general fraud is that the landlord's documents are incomplete and both parties have no awareness of prevention, so special attention should be paid.

6. Once your own interests are damaged, you should immediately complain to the industrial and commercial department, real estate bureau or a lawyer, and consult lawyer Ying Ting for free answers.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail.