Hefei Rental Management

Original Language Title: 合肥市房屋租赁管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387146.shtml

Hefei rental management

    (February 25, 2013 Executive meeting of the people's Government of Hefei city, the 3rd review by March 22, 2013 166th promulgated by the people's Government of Hefei city as of May 1, 2013) Chapter I General provisions

    First in order to strengthen the management of rental housing, standard lease to guarantee healthy development of leasing market, maintaining leased 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 laws and regulations, combined with the city's actual, these measures are formulated.

    Article of the present regulation is applicable within the administrative area of the city housing leasing and related supervisory activities.

    Article leasing in these measures refers to natural persons, legal persons or other organizations as lessors of its ownership or the right to lease to a lessee for use by the lessee to pay the rent.

    House owner or holder of all or management of housing, provided for others to use and obtain fixed-income or by any other means of rental housing, as a rental.

    Fourth, real estate administrative departments in charge of the city's rental housing guidance and supervision; the County (City) and District real estate administrative departments (including development zone designated institutions) is responsible for the supervision and administration of rental housing in specific.

    Public security, population and family planning, urban-rural development, planning, environmental protection, urban management, culture, health, supervision and administration of production safety, administration for industry and commerce, tax departments shall, in accordance with their respective responsibilities, supervision and administration of rental housing-related work. Article fifth County (municipality), district people's Government shall lease management within the scope of community integrated management.

    The township (town) people, neighborhood offices shall be responsible for coordination and processing of lease transactions and disputes within its jurisdiction, and County (City), the delegate area real estate administrative departments, take on rental housing registration work.

    Enterprises, institutions, social organizations, village (neighborhood) Committee as well as other organizations, should cooperate with the relevant departments in housing rentals on supervision and management of related work.

    Article sixth lease supervision and management requirements are included in the financial budgets.

    Chapter lease obligations

    Seventh 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 judicial or administrative authorities in accordance with determination, seal or other forms of restriction of rights;

    (E) the laws, regulations and rules prohibiting the rental of other cases.

    Article eighth of rental housing, should be based on the original design room for the smallest rental units, tenant floor area per person shall not be less than 10 square meters.

    Kitchen, bathroom, terrace and underground storage may not rent residence for officers.

    Nineth lessor shall comply with the following provisions:

    (A) not to have legal status did not provide documents or on natural persons, legal persons and other organizations leased premises;

    (B) security checks for rental housing, to detect and eliminate security risks;

    (C) rental housing for the production, management, Office space, or as a cultural entertainment, sporting events and other public places shall comply with fire safety regulations;

    (D) find that lessee had breached the one-child policy, and shall promptly report to the Housing Authority locations on population and family planning administrative departments;

    (V) found the premises of suspected criminal acts, shall promptly report to the public security organs or any other relevant departments;

    (F) declare and pay rental taxes according to law;

    (G) laws, rules and regulations shall comply with other acts.

    Tenth the lessee shall comply with the following provisions:

    (A) provide a real and valid ID or certificate;

    (B) are required by law to apply for residence registration, shall be in accordance with the regulations;

    (C) agreed in the lease contract House of fair use, without changing the structure and use of property;

    (D) found that rent housing safety concerns, it shall promptly inform the lessor;

    (E) comply with the one-child policy, married persons should consciously accept the residence of family planning technical service guide;

    (Vi) use of leased housing in production and business activities, shall go through the relevant procedures;

    (VII) leased housing must not be used in the illicit production, processing, storage, management inflammable and explosive dangerous goods and hazardous substances such as toxic, radioactive, corrosive;

    (VIII) should not be used to rent a House engaged in pyramid schemes and other illegal and criminal activities;

    (I) laws, regulations, rules and regulations shall comply with other acts. 11th 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), valid identification type and number, contact and residence;

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

    (C) the amount of rent, deposit and payment methods;

    (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.

    Real estate administrative departments shall, together with the industrial and commercial administrative departments to develop rental housing contract demonstration text, selects for the party.

    Chapter lease management

    12th house leasing system of registration and filing. 15th days after the conclusion of leasing contract, the lessor should be located to the House of township (town) people's Governments, neighborhood offices for rental housing registration procedures.

    The lessor may delegate in writing for the lease registration procedures.

    13th leasing brokerage institutions leasing brokerage services, shall notify the lessor in accordance with the provisions of rental housing registration procedures in these measures, and 7th days after conclusion of the lease contract, housing rental contracts will be submitted to the rental house is located the township (town) people's Government, the streets; the Agency leasing, rental housing registration formalities on behalf of the lessor.

    14th the lessor the rental registration formalities, shall submit the following materials:

    (A) the lease contract;

    (B) the lessor's identification;

    (C) the lessee and tenant House, with workers ' identity papers and related information;

    (D) ownership of property ownership certificate or other legal proof;

    (E) the laws, rules and regulations of other supporting documents should be submitted.

    Leased property owned in common, the lessor shall submit the written proof of the consent of the other co-owners for rent; the Agency leasing, written proof of the authorized agent shall be submitted to the principal for rent.

    15th article that meets the following conditions, the township (town) people, neighborhood offices shall, within three working days as of receipt of the application materials handling rental registration, issue a lease to the lessor the 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) these procedures do not belong to the article seventh may not rent houses.

    The township (town) people, neighborhood offices shall gradually implement leasing on-line registration.

    16th section lease registration certificate shall set forth the lease of the name or title of the leased property is located, lease, rent, leasing term.

    17th registered rental missing shall be made to the original registration of township (town) people's Government, the subdistrict offices to apply for a replacement.

    18th rental housing registration content changes, and subleasing, continued rent or lease early termination, the lessor, or their attorneys, shall, on the 15th, the original registration of township (town) people, neighborhood offices handle housing lease registration modification, extension or cancellation procedures. Article 19th of township (town) people's Governments, neighborhood offices shall, on the 10th day of each month for the preceding month lease submitted registration situation of County (City) and District real estate administrative departments.

    Counties (cities) and area real estate administrative departments shall, on the 15th day of each month for the preceding month lease, real estate administrative departments submitted registration situation.

    20th real estate administrative departments and other relevant departments, Township (town) people's Government, the subdistrict office inspection system should be established according to their respective responsibilities, to check the lease and related, found in any of the following situations, the time according to their respective functions and powers according to law, terms not covered in this sector should inform the relevant Department:

    (A) rental housing is not registered;

    (B) rental of inaccuracy in registration and demographic information;

    (C) rental housing for security breaches;

    (D) violation of public security, fire fighting, construction, planning, environmental protection, family planning, urban management, culture, public health, safety, industrial and commercial, tax and other related regulations.

    The processing of cases in the preceding paragraph, other relevant departments and township (town) people, neighborhood offices shall inform the rental house home real estate administrative departments.
Article 21st Realty service enterprise in the process of providing services, finding a lease and there is no registration, should urge the lessor the rental registration formalities and report rental house is located in the 5th the township (town) people's Government, the subdistrict office.

    22nd rental houses as places of production and business activities, public security, culture, public health, environmental protection and production safety supervision and management, industrial and commercial administration departments in relevant administrative examination and approval procedures, it shall review the use of rental housing, does not meet the requirements of laws and regulations relating to places of business activities, not for administrative examination and approval procedures in accordance with law.

    23rd of municipal or County (City) and area real estate administrative departments should establish a unified supervision and management of rental housing information platform, achieving shared with departments of public security, population and family planning information.

    The fourth chapter legal liability

    24th the lessor violates these measures article seventh, will not be allowed to rent houses for rent, real estate administrative departments by rectification, no illegal income, and may impose a fine of less than 5,000 yuan; illegal gains, illegal proceeds more than 1 time times three times, but not more than 30,000 yuan fine.

    25th the lessor violates these measures under article eighth, rental housing does not meet the minimum rental or lease per capita floor space requirements, or the kitchen, bathroom, balcony, underground storage rooms for rent for life, real estate administrative departments by rectification, it fails, may impose a fine of less than 5,000 yuan and 10,000 yuan.

    26th the shipowner acts against the provisions of article Nineth, by the relevant departments shall punish; a suspected crime, transferred to the judicial organs according to law.

    Lessee had breached the provisions of article tenth, by the relevant departments shall punish; a suspected crime, transferred to the judicial organs according to law.

    27th article rental people violation this approach 12th article second paragraph, and 18th article provides, not in provides term handle housing rental registration record procedures of, or not in provides term handle housing rental registration record of change, and continued, and cancellation procedures of, by real estate administrative competent sector ordered deadline corrected, personal late not corrected of, sentenced 1000 Yuan following fine; units late not corrected of, sentenced 1000 Yuan above 10,000 yuan following fine.

    28th disobey article 13th leasing brokers, not inform the lessor the rental registration formalities in writing, or failing to submit the prescribed rental contract, or agency leasing, is not prescribed for the registration procedures, real estate administrative departments by rectification, it fails, and fined 1000 Yuan and 10,000 yuan fine.

    Article 29th Realty management company violates these measures article 21st, non-prescribed reports, real estate administrative departments by rectification, it fails, and fined 1000 Yuan fine.

    30th article violates these rules, and refuse or obstruct the State personnel performing official business according to law, dealt with by the public security organs according to law; a suspected crime, transferred to the judicial organs according to law.

    31st management staff is responsible for leasing, lease management activities, does not comply with the statutory duty or abuse of power, favoritism, given administrative sanctions according to law; a suspected crime, transferred to the judicial organs according to law.

    The fifth chapter by-laws

    Article 32nd lessor mentioned in these measures refers to proof of legal ownership ownership or management who shall obtain the right to housing management.

    Article 33rd has entered into a lease agreement before the implementation of these measures, the term of the lease has not expired and did not go through the registration formalities, the lessor shall, within three months from the date of implementation of this approach, to the place of rental housing the township (town) people's Government, the subdistrict office the registration formalities.

    34th affordable housing rental in accordance with national, provincial and municipal regulations.

    Article 35th of the counties (cities), the district people's Government can be based on these measures, formulate implementing rules. 36th these measures shall come into force on May 1, 2013. Published on September 13, 1998, the Hefei urban lease regulations (municipal government, 67th) repealed simultaneously.