Guiyang Rental Management

Original Language Title: 贵阳市房屋租赁管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369176.shtml

Guiyang rental management

    (March 19, 2012, Guiyang municipal people's Government Executive meeting on March 19, 2011 Guiyang municipal people's Government announced come into force on the date of promulgation, 2nd) Chapter I General provisions

    First to strengthen the management of rental housing, and standardized housing lease, promoting the healthy development of the rental market, safeguarding the legitimate rights and interests and social order, according to 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 within the administrative area of the city housing leasing and related supervisory activities, these measures shall apply.

    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.

    Housing ownership or use them all or management of housing available to others to use proceeds of acts as a rental.

    Article fourth lease shall be voluntary, fair, lawful, honest credit and territorial management, housing and population management principles.

    Fifth of municipal and district (counties and municipalities) people's Governments shall lease management into the scope of community-based integrated services management, and to include this work in the people's Governments at the corresponding level of the annual target.

    Sixth of municipal housing and urban-rural development Department of the city's rental housing oversight, guidance, and district and County (City) housing and urban-rural construction departments are responsible for the supervision and management of rental housing in the area.

    Department of housing and urban-rural construction in accordance with the needs and the principles of convenience and may entrust the area neighborhood offices and township (town) people's Government or community services (collectively the "authority") accepts the application for rental housing registration and record-keeping certification, collecting rental information, daily checks and services for lease transactions.

    Public security organs shall be responsible for housing rental, fire prevention, residence registration, residence permits and residence related supervision and control.

    Population and family planning, business, tax, land, planning, health, urban management, the Home Department shall, in accordance with their respective responsibilities, supervision and administration of rental housing-related work.

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

    Seventh House rentals to exercise unified planning and management.

    Housing and urban-rural development, public security, population and family planning, business, tax, health, urban management, housing rental management departments shall establish collaborative mechanisms and information system, realize housing rental information and population management information network platform and database connected and sharing.

    Eighth House lease service level management requirements are included in the budget, security-related work.

    Nineth related organizations should publicize the reports, complaints, about accepting the lease information and complaints. Any unit and individual have the right to inform the relevant Department, to report violations of these rules of behavior.

    Relevant departments should promptly investigate and deal with, and inform whistleblower complaints, the processing result.

    Reported violations are substantiated, competent authorities should provide appropriate rewards to informants.

    Chapter II administration of rental

    Tenth House, one of the following situations shall not be rented:

    (A) illegal construction;

    (B) changing the nature of the contravention;

    (C) not controversial legal ownership or ownership of housing;

    (D) there are houses without the written consent of the other joint owners;

    (V) the judicial or administrative authorities sealed or otherwise restrict the right to housing;

    (Vi) cannot protect, safety;

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

    11th the housing and urban-rural development Department of free publishing rental information rental information systems. 12th residential rental housing, should be based on the original design of the minimum room rental.

    Kitchen, bathroom, terrace and underground storage may not rent for human habitation.

    13th the lessor rental housing should be written rental contract with the lessee.

    Housing and urban-rural construction departments shall draw up a rental contract demonstration text with the industrial and commercial sector, and published in housing rental information, choose a basis for parties.

    14th rental contract shall set forth the following major items:

    (A) the name or names of the parties, identity document type and number, residence;

    (B) is located, the area of the House, the decoration and facilities;

    (C) the lease purposes, the term, the rent and the method of payment;

    (D) the housing repairs, fire and other obligations;

    (V) renew the lease, swap, sublet agreement;

    (F) modify or rescind the terms of the contract;

    (VII) breach of contract and settlement of disputes;

    (H) other matters agreed by the parties. 15th rental system of registration and filing.

    Housing and urban-rural construction departments and regulatory agencies shall gradually implement leasing on-line registration.

    16th section lease shall lease from the date of entry into force of the contract by the parties in the 15th, to the seat of House districts and counties (cities) housing and urban-rural development department or authority the rental registration formalities.

    House lease applied for rental housing registration formalities, shall fill in and submit the following information and data:

    (A) complete information including: party name, document type and number, place of residence, domicile and other information, housing, rent, and lease term, rental housing ownership certificates, or proof, other information;

    (B) submit information including: legal and valid identity papers or prove, legal person, other organization or business licenses, corporate code certificate, lease agreement, house ownership certificates or other lawful ownership certificate and other materials;

    (C) delegate escrow rental housing, should also be submitted to the client's authorization;

    (D) the leased housing, should also be submitted to the house owner's consent to sublet the proof;

    (E) the total rental housing should also be submitted to the other co-owners proof of the agreed rental. 17th the housing and urban-rural development department or authority shall receive the rental registration completed within 3 working days from the date of filing the registration, issue a lease to lease registration certificate.

    And housing lease and the transmission of information about rental housing rental location of police stations, the population and family planning authorities.

    Rental housing registration certificate shall indicate: leasing the name or names of the parties, valid proof of ID or type and number, rental housing is located, use, rent, and lease term.

    18th lease modification or termination, renewal, subleasing and lease registration certificate is lost, the Parties shall within 5 working days from the date of the above, the original registration of housing and urban-rural development authorities or regulatory bodies to handle change, cancellation, renewal, sublease and other registration formalities and replacement housing rental registration certificate. 19th brokers engaged in leasing activities should be established by law, and obtaining the business license, to departments of housing and urban-rural development of the administrative rights registration.

    Its practitioners shall obtain the corresponding qualification.

    Housing rental agencies and practitioners should be in accordance with the relevant provisions and contract brokerage activities.

    Leasing broker, such as venture capital, business account should be established and leasing brokerage activity in the process of formation of information on file, the shelf life of not less than 3 years.

    20th rental agencies provide housing leasing brokerage services, shall notify the lease in accordance with the provisions of rental housing registration procedures in these measures; providing rental agency business, should be given in accordance with this regulation the relevant information and rental housing registration formalities.

    21st parties to a lease and lease brokers reported information and submissions shall be true, valid and effective, not concealing facts or providing false testimonial.

    22nd no unit and individual shall forge, alter, alter, lent, defrauding or traded rental housing registration certificate.

    23rd Department of housing and urban-rural construction, and other relevant departments, regulatory inspection system should be established according to their respective duties, housing rent and related checks found the following cases and in accordance with the functions and powers according to law to deal with:

    (A) find rental housing registration and demographic information is not true, for correction in a timely manner;

    (B) find housing rental is not registered, and urged Parties to bid in a timely manner;

    (C) find the House unsafe, urging parties timely corrective action;

    (D) the found violation of public security, fire control, family planning, urban management, planning, health, and other related regulations, and shall be handled in a timely manner;

    (E) carry out publicity and provide related services;

    (F) carry out other duties.

    The processing of other relevant departments in accordance with the provisions of the preceding paragraph shall inform the local housing and urban-rural development department.

    24th housing and urban-rural development department and regulators on supervision and administration of rental housing in the form of materials, shall, according to requirements of archive management archives, kept by the competent Department of housing and urban-rural development.

    Chapter lease rights and obligations

    25th the lessor shall comply with the following provisions:

    (A) not to have not provided valid documents or on natural persons, legal persons and other organizations leased premises;

    (B) inform and assist in writing belong to the lessee in accordance with the regulations of the floating population's bid for residence registration and residence permit;

    (C) the establishment of registration in the register of leased personnel names, information such as the type and number of valid identity documents, and reported to the police station, where the lease for the record;

    (D) rental housing inspections on a regular basis, to detect and eliminate security risks;

    (E) rental housing for a collective or 2 (2) above living, should ensure that evacuation channels and fire engines channels and safety exits are, and provides configuration fire control facilities and devices;

    (F) rental housing for use in the production, management, Office space, or for entertainment, sports and cultural activities and other crowded public places, and should meet the requirements of fire management;

    (VII) find that lessee had breached the one-child policy or rented to transient population of childbearing age, and promptly report to the population and family planning, where the Housing Authority;

    (VIII) to faithfully declare the rent pay rental taxes and fees;

    (I) found the premises of suspected criminals, report to public security organs or any other relevant administrative departments in a timely manner;

    (J) provisions shall comply with laws, rules and regulations of other acts.

    26th the lessee shall comply with the following provisions:

    (A) the officers shall not stay without valid identity documents;

    (B) is a floating population, after moving on the required bid residence registration or residence permits and other relevant registration formalities;

    (C) protection and in accordance with the leasing contract House of fair use, without changing the structure and use of property;

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

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

    (Vi) use of tenant houses engaged in production or business operations, Office, or for entertainment, sports and cultural activities and other crowded public places, they shall bid-related 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 in pyramid schemes, or any other illegal and criminal activities;

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

    27th the lessor sells rental housing should be sold within a reasonable period of notice before the lessee, the lessee right to preemptive right to the same conditions. The 28th repair damaged, lease contract by the lessor to take repair fails to repair in a timely manner, the lessee may at its own expense, maintenance costs are borne by the lessor.

    For failing to timely repair to a lessee or a third party property damage or personal injury, the lessor shall be liable.

    29th House lease, lease brokers shall comply with statute of owner-managed, shall be without prejudice to other legal rights of owners and home users, and cooperate with the relevant departments to collect relevant information, check, and so on.

    30th the lessee of any of the following circumstances, the lessor may terminate the rental contract:

    (A) the tenant housing for illegal and criminal activities;

    (B) the purpose of altering the structure or the agreement to lease;

    (C) not complying with the lease contract, pay the rent;

    (D) other circumstances as stipulated in the laws, regulations or contract.

    Rental housing endangers the safety or health of the lessee, the lessee may terminate the rental contract, and shall promptly report to the relevant authorities.

    Chapter fourth penalty

    31st relevant administrative departments and their staff in the leasing regulation and dereliction of duty, abuse of authority or engages in, by the competent department or other departments with administrative privileges shall be ordered to correct, in charge and other personnel directly responsible for handling according to law.

    32nd breach of these rules, one of the following, by the Department of housing and urban-rural construction of rectification, it fails, and be punished in accordance with the following provisions:

    (A) violations of the tenth paragraph (a) to (c) circumstances specified will not be allowed to rent houses for rent, to between 5000 and 1000 Yuan fine, the unit shall be fined a maximum of 3000 Yuan and 30,000 yuan;

    (B) violations of the tenth paragraph (vi) provision, will not be able to protect, the use of safe houses for rent, in accordance with article 29th of the Guiyang City housing use safety management regulations shall be punished;

    (C) contrary to article 12th, not according to the original design of the minimum room rental flats, rental, or kitchen, bathroom, terrace and underground storage rooms for rent for human habitation, for individuals between 5000 and 1000 Yuan fine, the unit shall be fined a maximum of 5000 Yuan and 30,000 yuan;

    (D) violation of the 16th article, not the rental registration formalities for individuals penalty of between 1000 and 500 Yuan, the unit shall be fined a maximum of 3000 Yuan and 10,000 yuan;

    (E) housing rental agencies do not establish venture capital, business accounting, archive material, fined a maximum of 5000 Yuan and 10,000 yuan;

    (F) housing lease, brokers and service personnel concealing facts or providing false documents, on penalty of between 500 Yuan more than 5000 Yuan, brokers more than 5000 Yuan and 30,000 yuan fines;

    (VII) forged, falsified, altered, transferred, proof of fraud or selling houses, rental registration, personal penalty of between 200 Yuan and 500 Yuan, the unit shall be fined a maximum of between 1000 and 500 Yuan;

    (H) housing lease without changing the rent structure affecting the safety of use, in accordance with article 25th of the Guiyang City housing use safety management regulations shall be punished.

    The 33rd article violates these rules, one of the following, by the public security organs in accordance with the People's Republic of China on public security administration punishments Act and other laws and regulations shall be punished:

    (A) the lessor without valid documents or on natural persons, legal persons and other organizations leased premises;

    (B) the lessor has not established a register of registered lessee related conditions;

    (C) finding rental housing in carrying out criminal activities are not reported to the public security organs;

    (D)) block housing lease, brokers related staff perform their duties according to law, violating the administration of public security.

    Rental party harm public interests or hinder normal work and lives of others, be warned by public security organs, a rectification; fails, fined a maximum of between 500 Yuan and 200 Yuan.

    Rental party breach of fire safety regulations, by public security fire control institutions in accordance with the People's Republic of China fire control law and other laws and regulations will be punished.

    Article 34th housing lease law to build houses, or altering the lease used in nature, in accordance with the relevant provisions of laws and regulations on urban and rural planning will be punished.

    35th lessor failing to pay rental taxes, the tax Department will be punished according to law.

    Article 36th rental brokers and the bad records of the service in violation of this regulation, by the Department of housing and urban-rural construction credited to their credit file, and to the public through the website.

    37th article violates these rules, other laws, rules and regulations on administrative penalties, the relevant administrative authorities according to law.

    The fifth chapter supplementary articles

    Article 38th of affordable rental housing in accordance with the national provisions, this province and this city. 39th these measures come into force on the date of promulgation. Guiyang City, released on June 3, 1999, the urban lease regulations repealed simultaneously.