Datong rental management
(October 20, 2009, Datong city people's Government, the 13th Executive meeting on October 20, 2009, 65th promulgated by the people's Government of Datong city as of December 1, 2009) first to strengthen the management of rental housing, and maintaining housing leasing market, protect the legitimate rights and interests of housing lease, under the People's Republic of China on urban real estate administration law of provisions of laws and regulations, combined with the city's actual, these measures are formulated.
Second City urban planning area residential, commercial and industrial buildings, office buildings, warehouses, basements and other housing rental as well as related management activities, these measures shall apply.
Government pricing of the rentals of public housing and low-rent housing, according to the relevant State provisions.
Article leasing in these measures refers to the lessor to lease to a lessee for use, and reap the benefits of the Act.
Fourth the following acts should be included in the lease management:
(A) on behalf of the joint venture, contract, becoming a shareholder, such as the provision of housing for others to use, only fixed-income or divided into income and profit and loss responsibility;
(B) counter, booths will be in the form of housing within the site Division provided for others to use, as used by the percentage of people pay in rent or delivery receipts;
(C) Hotels (hostels, hotels, guesthouses, hostels, etc) to rooms or other housing office or provided to others as a fixed place of business, and by the industrial and commercial registration as a registered address, by using the agreed rent;
(D) in other forms of housing available for others to use.
Article fifth rental parties shall abide by voluntary, principles of fairness and good faith, and pay taxes according to law.
Sixth municipal real estate administration is the administration of rental sector.
Management of municipal real estate trading agency responsible for leasing in the area of urban planning, the city management and registration work.
Seventh municipalities and industry, local taxation, public security and other departments concerned should be good management of rental housing in accordance with their respective responsibilities.
Street (Township people's Government), resident (villagers) and property services companies, the Committee should assist area rental management.
Eighth housing may not rent under any of the following circumstances:
(A) failing to obtain property ownership certificate or other legal proof of ownership;
(B) judicial or administrative organs in accordance with the determination, seizure;
(C) total housing without obtaining the written consent of the other joint owners;
(D) houses ownership of or the right to ownership is in dispute;
(E) does not comply with the safety standards;
(F) fall within the publishing house demolition notices in accordance with law;
(G) the home without the consent of the mortgagee;
(VIII) other circumstances as stipulated by laws and regulations prohibiting the rental of. Nineth housing lease lease contract shall be written in accordance with law.
Lease contract agreed upon by the parties, should generally include the following provisions:
(A) the identity or qualifications of the lease;
(B) the housing location, area, structure, decoration, accessories and equipment;
(C) leasing purposes;
(D) the term of the lease;
(E) housing delivery date, the rent payment;
(F) requirements for housing and repair responsibilities;
(G) the sublease agreement;
(H) conditions of modification and rescission of contracts;
(I) the rights and obligations of the parties;
(J) breach of contract and settlement of disputes;
(11) other provisions of the contract.
House leasing contract shall be true, valid, must not harm others and the public interest.
Tenth House leasing system of registration and filing.
Housing lease leasing contracts entered into or change the date in the 30th, to management of municipal real estate trading Agency for registration.
Sublease sublease registered formalities housing should be.
Expiration of a lease, the lessor and the lessee in consultation agreed to extend the term of the lease, lease should renew the registration formalities.
Without a registered lease contract cannot be used against a third person.
Article 11th rental housing registration, and can be applied for by the parties, may, in writing, delegate or engage in the leasing business brokers to handle.
For rental housing is not registered for the record, should be the deadline for a replacement rental housing registration procedures.
Article 12th rental registration, the following documents shall be submitted:
(A) the lease contract;
(B) ownership of property ownership certificate or other legal proof;
(C) the person's identity document or qualification certificate;
(D) Commission escrow rental housing must also submit client authorized to lease the proved;
(E) the total rental housing must also submit proof of the consent of the other co-owners for rent;
(F) rental home, still required the consent of proof;
(VII) leased housing, must also submit the original proof of the consent of the lessor;
(H) rental housing within the farmer's homestead, Homestead certificate are required.
Party filing of application for registration should be responsible for the authenticity, legitimacy, effectiveness. 13th applied for rental housing registration, the lessor shall, in accordance with national, provincial and municipal regulations payment of leasing fees. The lessor cannot pay on time, the lessee shall pay.
The lessee pay, rent deductible. 14th of municipal real estate transaction management authority shall accept registration within 3 working days from the filing date of the application, to verify the materials submitted by the applicant.
To meet the conditions for registration, be registered, and rental housing registration certificate will be issued; do not meet the criteria, no registration, and shall inform the reason.
Forgery, alteration, lend or transfer the lease registration certificate.
15th real estate, industrial and commercial, tax, public security departments should strengthen the management of rental housing, such as coordination, establishment of an information exchange system. Real estate administrative departments shall regularly rent rental registration-related information to public security, industry and commerce, the local taxation Department; departments for industry and commerce business license, public security organs at the time of temporary residence when the household registration and temporary residence permits, production, business, place of residence for rental housing, shall examine the real estate rental registration certificate issued by the administrative departments.
To finding without going through the rental registration, should be informed to real estate administrative departments or real estate transaction management.
16th-for-profit, home owners will be allocated to obtain ownership of the land, built homes on leased, the lessor shall, in accordance with the relevant provisions of the rent contained in the land turned over to the State. 17th housing lessors shall truthfully housing lease price, and pay taxes according to law.
Report rents significantly below market rents for housing without a legitimate reason, the local tax authorities refer to the housing rental market rents levied taxes. 18th regional tax authority rented housing is responsible for tax collection and administration, real estate administrative departments can also delegate on behalf of the tax.
Tax departments should conscientiously fulfill tax obligations, without reduction, tax exemption, enlistment, and accept the supervision and inspection of the local tax department.
After 19th housing lessors shall register in the 7th, the rental registration certificate and leased signed security guarantee of public security authorities at their place, and assume the following responsibilities:
(A) shall not be rented to persons without legal identity documents;
(B) found that lessees are suspected of criminal activities or criminal, shall promptly report to the public security organs;
(C) regular security checks and maintaining the House, residential safety. 20th the lessee shall truthfully provide the lessor with a valid identity document.
Belonging to the alien temporary, 3rd report to the public security organ after the leased housing temporary residence registration.
21st the lessee may use leased premises engaged in the production, processing, storage, management of inflammable, explosive, toxic, harmful, dangerous goods and other illegal activities, shall be without prejudice to the public interest or to hinder the normal work and lives of others.
Article 22nd of the leasing business broking agency rental housing, rental agency contracts with the lessor, identification documents and parties of leasing property ownership certificate, provide rental information, and inform the client or proxy any such bid for the lease registration procedures.
Housing rental no agent business brokers not eligible for rental housing.
Article 23rd public interests of urban construction or demolition of rental housing, rental and agreed in the lease contract; rental contract is not agreed, in accordance with the relevant provisions at the national, provincial and municipal housing demolition.
Article 24th in violation of these regulations will not be allowed to rent houses for rent, the property Administrative Department shall order to stop the illegal practice, rental housing and on the individual penalty of between 200 Yuan and 500 Yuan; can to rented housing units and more than 500 Yuan 1000 Yuan fine.
25th article in violation of these regulations, lease does not handle the registration formalities prescribed by the parties, the property Administrative Department shall order the parties to completing the formalities within; overdue management, residential lease and shall also be fined 200 Yuan and 500 Yuan; for non-residential lease can be fined a maximum of between 5000 and 1000 Yuan.
Article 26th in violation of these regulations, forged, altered, lend, or transfer of the lease for the record to prove, by confiscation of proven real estate administrative departments, and shall also be fined a maximum of 500 Yuan.
27th article violates this way, leasing brokers agents do not meet the conditions of the rental housing or provision of false rental information, and not to entrust to conduct lease registration and rectification by real estate administrative departments, and fined a maximum of between 3000 and 1000 Yuan.
28th article in violation of these regulations, any of the following acts, in accordance with the following provisions shall be punished by public security organs constitutes a crime, criminal responsibility shall be investigated in accordance with law:
(A) housing the lessor fails to sign security guarantee with housing the public security authorities at their place, shall be ordered to go through formalities, fails to go through, and a monthly penalty of 5 times;
(B) the lessor rental housing for people without legal identity documents living and use, a monthly penalty of 3 times;
(C) rental find tenants renting housing to illegal and criminal activities, not to report to the public security organs, and impose a monthly penalty of 10 times;
(D) the lessee leased the illicit production, processing, storage, management of inflammable, explosive, toxic, noxious and other hazardous substances confiscated goods, and subject to a rent of 10 times less.
29th rental management and other relevant departments, regulatory agencies and dereliction of duty, abuse of power, favoritism, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law. 30th article this way come into force on December 1, 2009.