Xining city housing lease management
(November 27, 2009, Xining municipal government consideration at the 30th General meeting on November 27, 2009, 97th Xining people's Government promulgated as of March 1, 2010) first in order to regulate the city lease management, protect the legitimate rights and interests of leasing parties, promote the healthy and orderly development of the rental market, in accordance with the People's Republic of China on urban real estate administration law of the provisions of laws and regulations, combined with the city's actual, these measures are formulated.
Second, within the administrative area of the city, this approach applies to this rental and management activities on State-owned land.
Low-rent housing, Government pricing public rental housing, public rental housing, this approach is not applicable.
Article city rental housing in these measures, refers to home ownership as a lessor to domestic, commercial and industrial buildings, Office premises, warehouses and other buildings leased to a lessee for use by the lessee to pay the rent.
The following circumstances shall be considered an act of rental:
(A) cooperation, on behalf of the partnership, such as the provision of housing for others to use, does not assume risk and it gets fixed income;
(B) the Housing Division provided for others to use and obtain a fixed income;
(C) the transfer of housing tenure gets fixed income in other ways;
(D) laws and regulations, shall be considered as leases of other acts.
Fourth lease build up rental clients should follow equality and the principles of voluntariness, fairness, honesty and credibility. Fifth of municipal real estate administration is the urban rental housing authorities, is responsible for the implementation of these measures.
City of its rental housing authority (hereinafter referred to as municipal rental housing management) is responsible for day-to-day management of the district city rental.
County real estate administrative departments are the urban rental housing authorities in the administrative areas, urban rental housing management bodies to which they belong (hereinafter referred to as County rental management agency) is responsible for the day-to-day management of the urban rental housing within their respective administrative areas. The township (town) people's Government, the delegate subdistrict offices accepting rental management agency, responsible for residential rental housing management work, and accept the guidance and oversight of the leasing authority.
The township (town) people's Governments and migrant service agencies set up specifically to host the subdistrict office rental registration, information and statistics, as well as daily checks and so on.
Public security, industry and commerce, taxation, population and family planning, urban management enforcement, planning, construction, labor and social security departments, shall, within their respective areas of responsibility of city leasing management.
Sixth housing may not rent under any of the following circumstances:
(A) there are houses without the written consent of ownership;
(B) illegal construction;
(C) is identified as a risk House by relevant competent departments cannot use or major fire and safety hazards;
(D) whose ownership is in dispute;
(E) has been included in the scope of the demolition notice;
(F) judicial and administrative organs in accordance with the determination, seizure;
(VII) without the approval of relevant departments, without changing the housing purposes;
(VIII) other circumstances as stipulated by laws and regulations may not rent.
City and County rental management agency ban on rental housing information database should be established, the relevant departments should ban renting houses to give the written notice provided for in the preceding paragraph city and County real estate administrative departments.
Seventh House lease can be their own leases and leasing intermediaries can also be established by law to establish rental.
Eighth House lessor lessee leased premises he shall sign a written lease contract, rental contract should include the following main elements:
(A) the name, names, number, and address of the parties;
(B) the housing number, location, size, decoration and facilities;
(D) the term of the lease;
(E) rent, property management, heating, water, electricity, gas and other costs and delivery approach;
(Vi) the housing maintenance responsibility;
(G) the decoration of the Convention;
(H) the sublease agreement;
(I) the termination of the contract conditions;
(10) the liability for breach;
(11) other provisions of the contract.
Lease contract demonstration text formulated by the municipal real estate Administration Department, for housing rental reference by the parties. Nineth, leasing, the implementation of the registration system.
Housing lease leasing relations founded in 15th, ways should be in accordance with the provisions of the lease register.
Residential lease to House migrant service agencies, where rental housing registration, non-residential lease to city or County rental management agency for rental housing registration. Article tenth of their own lease, can be agreed in writing by the party to handle the registration, may in writing delegate registration record; of a lease relationship through rental agencies, agencies shall notify the lease for registration filing.
The parties may deal with, may also appoint agencies to handle.
The lessee for non-domicile in the city, the lessor, rental agencies should also inform and assist tenants to apply for residence papers.
Article 11th rental registration, the following documents shall be submitted:
(A) the housing ownership certificates, or legitimate sources for housing;
(B) the lease identification;
(C) the lease contract and other supporting material of the leasing relationship;
(D) the laws, regulations and other materials. Rental house owned in common, the lessor shall provide the written proof of the consent of the other co-owners for rent. Delegate escrow rental housing, the trustee shall provide the client authorized to lease the proved.
Leased housing, proof of sublease sublease shall submit the consent of the lessor.
12th house tenancy administration bodies shall, within 3 working days from the date of receipt of the application for registration, to meet the rental housing as provided herein, be dealt with by the registration, and to a lessor and lessee to pay rent registration and housing rental registration certificate; not in accordance with this regulation, shall not be registered, and reply in writing to the applicant. Rental management agency handling the housing registration shall be collected in accordance with provisions the lessee related information, 15th in the rental contract or other supporting material of the leasing relationship sent tax authorities for their records.
Lessee for non-domicile in the city should also be informed in writing and apply for residence registration or residence papers. 13th rental registration and housing rental registration certificate by the municipal real estate administrative departments make and serial number.
Rental housing registration certificate shall include the following contents:
(A) the rental party name or title, address, ID and contact information;
(B) is located, the area of the leased premises, floor, structure, use, lease duration.
Rental housing registration and housing rental registration certificate shall not be charged the fee.
14th rental registration and housing rental registration certificate shall not be forged, altered, transferred, transfer.
Rental housing registration certificate and housing rental registration certificate is lost, can contribute to the original rental management agency to apply for a replacement. 15th parties to a lease modification, early termination of the lease contract shall be from the date of change or terminate in the 15th, for the modification and cancellation of the registration procedures. Lease contract expires, the record has proved that failure.
Renew the lease term expires, ways should be in accordance with the provisions of rental housing registration extended procedures.
16th section lease houses engaged in production and business, in when they apply for business licenses or to the relevant departments for handling, shall provide a lease agreement and lease registration certificate.
17th rental one shall pay the rental fees and taxes.
Rental taxes and fees imposed on behalf of the tax administration, tax, real estate department can legally commissioned the rental registration agencies, on behalf of the housing rental tax is imposed by.
18th housing lessors shall comply with the following provisions:
(A) shall not be rented to the lessee without valid documents;
(B) found that lessees are suspected of criminal activities or criminal, shall promptly report to the public security organs;
(C) housing do not have the housing must not be let as a dwelling;
(D) the provisions of other relevant laws and regulations.
19th the lessee shall comply with the following requirements:
(A) provide the lessor with a valid certificate, belonging to migrants, residence registration in time;
(B) not change determine use of planning permission for housing purposes;
(C) rental housing must not be used to engage in illegal and criminal activities;
(D) the provisions of other relevant laws and regulations.
20th leasing intermediary service agencies must comply with the following provisions:
(A) the identification of parties and agents the documents, power of Attorney and housing ownership certificates;
(B) for parties to provide rental information;
(C) inform the parties handle the leasing registration record;
(D) establishment of housing rental business records;
(E) the parties entrust to handle lease registered;
(F) the provisions of other relevant laws and regulations.
21st property rental information network should be established by the Administration, opening up information dissemination channels, according to market changes periodically to the public housing rental information and housing lease rent, dynamic management of rental housing information.
22nd lease management should engage in broker management of the leasing business, and build their business credit file.
Article 23rd real estate administrative departments should work with the population and family planning, public security, taxation, industry and Commerce and other departments to establish an information sharing system to Exchange housing rental information.
Public security, taxation, industry and commerce sectors, such as found in the day-to-day management of the parties fail to handle the housing register and shall timely inform the property administration departments.
24th article violates article sixth of these measures, the lessor will not be allowed to rent houses for rent, real estate administrative departments a rectification, and confiscated illegal income fails, for residential lessors impose a fine of less than 300 yuan and 500 Yuan, more than 1000 Yuan for non-residential lessor fined a maximum of 3000 Yuan.
25th article violates these rules, lease not to handle the registration, ordered by real estate administrative departments making up; it fails to go through, 100 Yuan and 300 yuan for residential lessor the following fines for non-residential lessor fined 1000 Yuan and 3000 Yuan fine.
14th, 18th, 26th in violation of this Ordinance provides that any one of the following acts, by the public security organs in accordance with the People's Republic of China public security management punishment law provides for punishment:
(A) forging, altering the housing rental registration certificate;
(B) the lessor rental housing to undocumented people live;
(C) the lessor knows the tenant using the leased premises for illegal criminal activities not reported to the police.
27th other acts in violation of these rules, provisions of laws and regulations prevail.
28th real estate administrative departments and departments in the management of urban housing leasing, favoritism, abuse their powers, neglect their duties, sanctions by their work units or by the competent Department constitutes a crime, criminal responsibility shall be investigated according to law.
Article 29th of collective land lease within the administrative area of the city in accordance with the measures implemented. 30th article this way come into force on March 1, 2010.