Commodity Housing Lease Management

Original Language Title: 商品房屋租赁管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201102/20110200334077.shtml

Commodity housing lease management

    (December 1, 2010 housing and urban-rural construction, 6th report as of February 1, 2011) first to strengthen commodity lease management, standardized goods leasing, maintains the lease of goods the legitimate rights and interests of the parties, in accordance with the People's Republic of China on urban real estate administration law and other relevant laws and regulations, these measures are formulated.

    Article on State-owned land within the urban planning area of lease of goods (hereinafter referred to as leasing), supervision and management, application of this approach.

    Housing rental should follow article equality, voluntariness, legitimacy and the principle of good faith.

    Article fourth State Department of housing and urban-rural development department is responsible for directing and overseeing the work of the national rental.

    Construction of local people's Governments at or above the county level (real estate) the competent authorities responsible for supervision and management of rental housing within their respective administrative areas.

    Fifth municipalities, city and county building (real estate) competent authorities should strengthen the management of rental housing regulations and housing use safety advocacy, subregional regularly issued for different types of housing market rents and other information.

    Sixth housing may not rent under any of the following circumstances:

    (A) the illegal building;

    (B) does not meet the criteria of safety and disaster prevention engineering construction compulsory;

    (C) changing the nature of the contravention;

    (D) the provisions of laws and regulations prohibiting the rental of other cases. Article seventh House rental lease contract shall be concluded by the parties.

    House leasing contract agreed to by the parties, should generally include the following:

    (A) the name of a leasing subject (name) and address;

    (B) the housing location, area, structure and ancillary facilities, indoor facilities such as furniture and household appliances;

    (C) the rent and deposit amount and method of payment;

    (D) hire and home use;

    (E) the safety performance of houses and indoor facilities;

    (F) the term of the lease;

    (G) the maintenance responsibility for housing;

    (H) property management services, payment of water, electricity, gas and other related costs;

    (IX) dispute settlement and liability;

    (10) other conventions.

    Rental party must be specified in the rental contract homes have been levied or demolition approach.

    Building (real estate) Management jointly with the industry and Commerce Administration Department of lease contract demonstration text, selects for the party.

    Article eighth of rental housing, should be based on the original design of the minimum room rental flats, rental per capita floor area shall not be less than the minimum standards of the local people's Governments.

    Kitchen, bathroom, terrace and underground storage may not rent residence for officers. Nineth lessor shall, in accordance with the contract of housing maintenance obligations and to ensure that housing and indoor facilities.

    Failed to repair the damaged houses, affecting the normal use of the lessee, shall be liable for in accordance with the contract or to reduce the rent.

    Within the lease period, the lessor may unilaterally free to raise rents.

    Tenth the lessee shall, in accordance with the contract of hire and use reasonable use of housing, it may not change load-bearing structure and the demolition of housing facilities, shall not prejudice the legitimate interests of other owners and users.

    Caused by improper use of the lessee the lessee of housing and other facilities were damaged, the lessee shall be responsible for repair or be liable for.

    11th the lessee to sublet the housing, shall obtain the written consent of the lessor.

    Tenant sublet without the written consent of the lessor, the lessor may terminate the rental contracts, housing and require the lessee to pay damages.

    12th house during the term of lease, grant, on the production, transfer of inheritance or the sale of houses, the original lease contract remain valid.

    Death of the tenant during the lease period, persons residing together with the deceased in accordance with the original contract of lease lease the House.

    13th of the leasing period the lessor rental housing for sale, shall, within a reasonable time before the sale, notify the lessee, the lessee shall have the preemptive right in the same condition.

    Article 14th 30th days after the conclusion of leasing contract, leasing the Parties shall to the place of rental housing municipal, city and county building (real estate) housing rental registration authority.

    Housing lease may, in writing, authorize any other person to handle the rental housing registration.

    Article 15th rental registration, leasing the Parties shall submit the following documents:

    (A) the lease contract;

    (B) the rental party identification;

    (C) the ownership of property ownership certificate or other legal proof;

    (D) municipal, city and county building (real estate) other materials stipulated by the competent Department.

    Rental of material submitted by the Parties shall be true, valid and effective, not concealing facts or providing false information.

    16th to meet the following requirements, municipal, city and county building (real estate) Department within the three working days for rental housing registration, issued to lease the rental registration certificate:

    (A) the applicants submitted application materials are complete and comply with the statutory format;

    (B) the lessor and housing ownership certificates or other lawful ownership certificate recorded in the subject line;

    (C) does not belong to article sixth of these measures may not rent houses.

    Application materials submitted by the applicant are incomplete or do not comply with the statutory format, municipalities, city and county building (real estate) competent authorities should inform the housing lease supplement content.

    Article 17th housing rental registration certificate shall include the lessor's name or title, the lessee's name, valid identification type and number, rental location, hire, rent, lease term, and so on.

    Article 18th housing rental registration certificate is lost, replacement to the original registration authorities.

    19th rental housing registration content changes, renewal or termination, the Parties shall, within the 30th, the original lease Registration Department for lease registration modification, extension or cancellation procedures.

    Article 20th municipal, city and county building (real estate) competent authorities shall establish a rental housing registration system, the progressive introduction of a lease agreement online registration, and incorporated into the real estate market information systems.

    Rental housing registration information records should include the following elements:

    (A) the lessor's name (name) and address;

    (B) the lessee's name (name), the identification type and number;

    (C) rental housing is located, lease, rent, lease term;

    (D) other content to be recorded.

    21st in violation of the provisions of article sixth, the municipal, city and county building (real estate) the competent authority shall order correction within, no illegal income, punishable with a penalty of 5,000 yuan; for illegal gains, illegal proceeds more than 1 time times three times, but not more than 30,000 yuan fine.

    22nd in violation of the provisions of article eighth, the municipal, city and county building (real estate) Department of rectification, it fails, can be fined a maximum of up to 5,000 yuan and 30,000 yuan.

    23rd violates these measures set forth in article 14th, 19th, the municipal, city and county building (real estate) the competent authority shall order correction within individual fails, fined 1000 Yuan fine unit fails, fined 1000 Yuan and 10,000 yuan fine.

    24th article municipalities, and city, and County Government construction (real estate) competent sector on meet this approach provides of housing rental registration record application not handle, on not meet this approach provides of housing rental registration record application be handle, or on housing rental registration record information management improper, to rental party caused loss of, on directly is responsible for of competent personnel and other directly responsibility personnel law give disposition; constitute crime of, law held criminal.

    25th affordable housing rental in accordance with the relevant provisions of the State.

    Article 26th city planning on State land outside the area rental management and supervision, in accordance with the measures implemented.

    27th people's Governments of provinces, autonomous regions and municipalities housing and urban-rural construction departments can be based on these measures, formulate implementing rules. 28th article of the rules take effect on February 1, 2011, released on May 9, 1995, the Ministry of construction of urban housing, lease management (Ministry of construction, 42nd) repealed simultaneously.