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Xining City Housing Lease Management

Original Language Title: 西宁市城市房屋租赁管理办法

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Urban rental management

(The 30th ordinary meeting of the People's Government of Sihan, 27 November 2009, considered the adoption of Decree No. 97 of 27 November 2009 by the People's Government Order No. 97, dated 1 March 2010)

In order to regulate urban housing rental management, protect the legitimate rights and interests of the owner of the home rental market and promote the orderly development of the health of the home rental market, in line with the provisions of the laws and regulations such as the National People's Republic of China Urban Property Management Act, this approach is being developed in the context of the present city's practice.

Article 2, this approach applies to the rental of homes and their management activities in urban State-owned land within the city's administration.

Public rentals for government pricing, such as affordable housing, public rental housing, are not applicable.

Article 3 states that the scheme refers to the use of rents by the owner of the house as a renter to the lessee for the purpose of renting its homes, industrial property, office premises, warehouses and other premises.

The following circumstances should be considered as property rental:

(i) To provide housing for use by others in the name of cooperation and partnership, without taking into account the risks of operation, and to obtain fixed benefits;

(ii) The separation of houses to others and the acquisition of fixed benefits;

(iii) The transfer of the right to use of homes in other ways to obtain fixed benefits;

(iv) Legal, regulatory provisions should be considered as other acts of lease.

Article IV. The establishment of lease relations between the tenant should be guided by the principles of equality, voluntary, fair and genuine credit.

Article 5. The municipal housing administration is the competent authority for rental housing in the city and is responsible for the implementation of the scheme. The city housing rental management (hereinafter referred to as the municipal housing rental authority) is specifically responsible for the day-to-day management of municipal housing rentals.

The district housing administration sector is the competent authority for the rental of urban homes in the current administration area, with the municipal housing rental management (hereinafter referred to as the district housing rental authority) specifically responsible for the day-to-day management of the rental of urban homes in this administrative area.

The Government of the commune (communes) and the street offices are entrusted by the Housing Leasing Authority, which is responsible for the management of home rental properties in the Territory and is guided and monitored by the housing rental management. The People's Government, the mobile population service agencies established by the street offices perform specific work on housing rental registration, information statistics and daily inspections.

Sectors such as public safety, business, tax, population and family planning, urban administration, planning, construction, labour and social security should be managed within their respective mandates.

Article 6 has no rental of houses:

(i) Shared houses without written consent of the owner;

(ii) Be in violation of the construction;

(iii) Be identified by the relevant authorities as dangerous homes cannot be used or there is a significant firefighting and security hidden;

(iv) The right is disputed;

(v) The scope of the home demolition announcement;

(vi) The judiciary and the executive organs shall determine, in accordance with the law, the seals;

(vii) Unauthorized changes in the use of homes without the approval of the relevant authorities;

(viii) Other circumstances that may not be rented by law, legislation and regulations.

The municipal, district housing rental administrations should establish a database of information on rental housing, which should inform the municipalities, district property administrations in a timely manner of the rented homes provided for in the preceding paragraph.

Article 7. The lease party may establish its own lease relations, or may establish a lease relationship through a housing rental intermediary established by law.

Article 8. Housing rental contracts with tenants shall be signed in writing by law and the home lease contracts shall include the following main elements:

(i) The name, name, identification number and address of the parties;

(ii) Home ownership cards, place, area, dress and facilities;

(iii) Home use;

(iv) The duration of the lease;

(v) The amount of rental, material, heating, water, electricity, gas and means of delivery;

(vi) The responsibility for housing maintenance;

(vii) An agreement on the renovation;

(viii) The agreement on the lease;

(ix) Removal of the terms of the contract;

(x) Liability for default;

(xi) Other provisions agreed by the parties.

The model text of the housing lease contract was developed by the municipal housing administration sector in order to refer to the use of the lease party.

Article 9. Housing rentals in this city are subject to a registration system. Within 15 days from the date of the construction of the rental relationship, the owner shall proceed with the registration of the house's leases as provided for in the scheme.

The home lease party should be given to the home-based mobile population service providers to conduct home lease registrations, and non-residenthold leases should be made available to the city, district housing rental management for the home lease registration.

Article 10. The parties have established their own lease relations and may, in writing, agree with the registration request by either party or in writing, entrust the other with the registration file; and establish the lease relationship through the home rental intermediary, the intermediary shall notify the lease party in writing of the registration request. The parties may do themselves or may entrust the intermediary to proceed.

The lessee, the leaser and the leaser shall also communicate and assist the lessee in the identification of residence documents.

Article 11. The following materials shall be submitted to the following:

(i) A certificate of residence or a legal source of housing;

(ii) Leasing of the identity of the party;

(iii) The lease contract or other material supporting housing rental relations;

(iv) Other material provided by law, regulations.

The renting house is common and the lessor should also provide written evidence of the consent of other commons. The rent was entrusted to the house and the trustee should provide proof of the author's authorization to rent. The transferee shall submit a certificate of consent of the lessor to the lease.

Article 12. The housing rental management shall, within three working days of the date of receipt of the registration request, proceed with the registration of the rented house in accordance with the scheme, and issue certificates of rental registration and house rental registration to the lessee and the lessee, respectively;

A copy of the lease contract or other material supporting the rental relationship shall be sent to the tax sector in accordance with the provisions when the home rental management is in the process of registering the home. The renter of the house is a non-resident city home and should also be informed in writing and requested for registration or residence documents.

Article 13. The rental registration certificate and the registration of house leases are confirmed by the uniform production and number of the municipal property administration. The rental registration certificate should include the following:

(i) The name or name, address, valid identification documents and contact of the owner;

(ii) Losss of rented homes, area, floor, structure, use, rental time.

The home rental registration certificate and the home lease registration certificate confirm that the pay is not charged.

Article 14. Housing rental registration certificates and home rental registration orders are not justified, modified, transferred and transferred.

The loss of the rental registration certificate and the home lease registration request may be added to the original home rental authority.

Article 15. Changes in the rental of the house and termination of the lease contract in advance shall be governed by a change, cancellation of registration requests within 15 days of the date of the termination. The lapse of the lease contract has proved to be automatic. The lease expires and shall be subject to the provision of this method for the continuation of the lease registration process.

Article 16 rents for the production of the house shall be provided in the event of a licence for the operation of the licensor or the processing of the procedures for the relevant sector.

Article 17 The renter shall pay the royalties for the rental of homes in accordance with the law.

Housing rental taxes are administered by charging, and the tax, housing sector may entrust the relevant housing rental registration units under the law, with the payment of rental taxes for the home.

Article 18

(i) No rental of homes shall be granted to the lessee without lawful and effective documents;

(ii) Identifying that the lessee has criminal activities or is suspected of a criminal offence, and should report promptly to the public security authorities;

(iii) No house shall be rented as a residence;

(iv) Other relevant provisions of laws, regulations.

Article 19

(i) The timely registration of residence if the owner is provided with legal and effective documents, belonging to an alien;

(ii) No change shall be made to the use determined by the housing planning licence;

(iii) No rental house shall be used for criminal activities;

(iv) Other relevant provisions of laws, regulations.

Article 20

(i) A certificate of identification of the parties and agents, a letter of assignment and a certificate of ownership of the home;

(ii) Provide housing rental information to the parties in practice;

(iii) To inform the parties of the processing of the home lease registration;

(iv) Establishment of a record of rental operations for the home;

(v) The acceptance of the authority of the parties to conduct a home lease registration case;

(vi) Other relevant provisions of laws, regulations.

Article 21, the housing administration sector should establish a network of housing rental information, open the channels for the publication of information on housing rental services to society on a regular basis and manage housing rental information in accordance with market changes.

Article 2

Article 23. The housing administration should establish information-sharing systems with sectors such as population and family planning, public safety, tax, business and business, and exchange information on housing rental.

The public security, tax, business and other sectors have found that the parties do not have a house registration case in the day-to-day management process and should be informed in a timely manner of the housing administration.

Article 24, in violation of article 6 of this scheme, provides that the renter will not be rented by a period of time being converted by the administrative department of the property and confiscation of proceeds of the law; that the loss of the residence will be fined by more than 300 yen to impose a fine of up to $3000 for non-residents.

Article 25, in violation of this approach, provides that the rental of homes is not registered and is subject to a period of up-to-date closure by the housing administration; a fine of up to 300 dollars for the renter; and a fine of up to $3000 for non-residents.

Article 26, in violation of article 14, article 18 of the present Regulations, provides that one of the following acts is punished by the public security authorities in accordance with the provisions of the Law on the Safety and Security of the People's Republic of China:

(i) Confidential evidence of the falsification and alteration of the rental registration of the house;

(ii) The renting of homes to persons without identity documents;

(iii) The lessor is aware of the criminal activities of the tenant using rented homes to report to the public security authorities.

Article 27, in violation of other acts under this scheme, provides that the law, legislation and regulations are regulated.

Article 28, Staff in the Housing Administration and related sectors, in the management of urban housing rentals, have favoured private fraud, abuse of authority, and failure to perform their duties, and are subject to administrative disposition by their units or superior authorities; constitutes a crime and is criminally criminalized by law.

Article 29 applies to housing rentals on collective land within the city's administration.

Article 33