Advanced Search

Datong Rental Management

Original Language Title: 大同市房屋租赁管理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Housing rental management approach

(The 13th ordinary meeting of the Government of the Grande People, 20 October 2009, considered the adoption of Decree No. 65 of 20 October 2009 of the Order of the Royal Government of the city, which was launched effective 1 December 2009)

Article 1 guarantees the legitimate rights and interests of the owner of the house's rental market in order to strengthen the management of the rental of homes, and in accordance with the provisions of the laws, regulations and regulations, such as the National People's Republic of China's Urban Property Management Act.

Article 2

The rental of public housing and integral housing at the government price is implemented in accordance with the relevant provisions of the State.

Article 3 of this scheme refers to the rental of their homes to the lessee and to the benefit.

The following acts shall be included in the rental management of homes:

(i) The provision of homes in the name of a unit, contract, credit and credit unit to others, with only fixed gains or dividends without liability for loss;

(ii) Separation of the premises within the house in the form of a counter-attack and analyst, shall be made available to others by the user to pay the agreed rent or to deliver the proceeds;

(iii) The hotels (the hotels, restaurants, guests, hospitality, etc.) make their hotels or other houses available to others as a fixed office or operating place, and are registered as a registration address for the user to pay the agreed rent;

(iv) Reimbursement to others in other ways.

Article 5 The owner of the house shall be guided by the principles of voluntary, fair and honest credit and shall pay tax expenses in accordance with the law.

The municipal housing administration sector is the administrative management of rental housing in the city.

The municipal property transaction management is specifically responsible for the management and registration of housing leases within the city's urban planning area.

Article 7. The relevant sectors such as the city's business, local tax, public safety and security shall be managed in accordance with their respective responsibilities.

Street offices (communes' governments), resident (farmers) committees and business-service enterprises should assist in the management of home rental in the Territory.

Article 8 does not rent a house:

(i) No certificate of residence ownership or other legal rights are certified by law;

(ii) The judicial or administrative organs shall be determined by law and determine the seals;

(iii) There is no written consent of a wide range of homes;

(iv) The right to ownership or use of homes is disputed;

(v) Non-compliance with safety standards;

(vi) It is within the framework of the publication of a home demolition announcement by law;

(vii) The mortgage house has not been agreed by the collateral;

(viii) Laws, regulations prohibit other conditions of rent.

Article 9. The owner shall enter into a written lease contract by law. The content of the lease contract is agreed by the parties and should generally include the following provisions:

(i) A certificate of identity or subject of a lease;

(ii) The location, size, structure, refurbishment, subsidiary facilities and equipment of homes;

(iii) Leasing purposes;

(iv) The duration of the lease;

(v) The date of delivery and the manner of payment of rents;

(vi) The requirement for housing use and responsibility for repair;

(vii) An agreement on rental of homes;

(viii) Changes and conditions for the removal of contracts;

(ix) The rights and obligations of both parties;

(x) Resolvency and dispute resolution;

(xi) Other provisions agreed by the parties.

The content of the lease contracts should be real, legitimate and not compromised by others and public interest.

Article 10. Housing rentals are subject to a registration system.

The owner of the home lease shall be registered by the municipal property transaction administration within 30 days of the date of the contract or modification of the lease contract.

The renting house shall be subject to the procedures for the transfer of the lease registration.

The length of the rental of the house expires, with the agreement of the lessee to extend the lease period in consultation with the lessee, and the leaser should reproduce the registration process.

Housing rental contracts without registration may not be against third parties.

Article 11. The processing of the lease registration case may be made by the parties or by the author of the written commission or by a broker in the home lease operation.

In cases where the rented house has not been registered, it should be time-bound to complete the registration of the house lease.

Article 12

(i) Housing rental contracts;

(ii) A certificate of ownership or other legal certificates;

(iii) The identity of the parties or the qualifications of the subject;

(iv) The renting of houses to be entrusted and the award of rent by the author;

(v) To rent a total of homes and to submit a certificate of consent of other commons;

(vi) The rent has been collateraled homes and must also be submitted to the collateral agreement;

(vii) The transfer of rented homes and the submission of evidence of the consent of the former renter;

(viii) The renting of homes within the farmer's home base is also required to submit proof of use at the home base.

The parties should be responsible for the authenticity, legitimacy and effectiveness of the application for the registration of the material.

Article 13 requires the registration of a house rental registry, and the taxee shall pay the housing lease rate in accordance with the relevant provisions of the State, the province and the city. The renter cannot pay on time and the lessee shall be surrendered. The tenant's contribution could be offset by the maximum rent.

Article 14. The municipal property transaction management shall verify the material submitted by the applicant within three working days from the date of receipt of the registration request. The registration file is in compliance with the registration requirement and is sent to the Home Leasing Registration Reservations; it is not registered in accordance with the conditions of the registry and is informed in writing of the reasons.

Contrarying, alteration, transfer or transfer of “Reservation certificates for house rental registration”.

Article 15. Sectors such as housing, business, local tax and public safety should strengthen the coordination of housing rental management and establish an information exchange system.

The housing administration should regularly inform the public security, business, local tax etc. of the rental housing lease registration case; the business sector, in the processing of business licences, the public security authorities, when they are registered at the temporary household slogan and the issuance of tickets, should be inspected to the housing rental registration certificate from the housing administration. The information should be given to the housing administration or the property transaction administration for the discovery of the absence of a home lease registration request.

Article 16 aims at profiting, the owner of the house will build the rent on the land in which the right to use is allocated, and the lessor shall pay the country in accordance with the relevant provisions of the State.

Article 17 The renter of the house shall make the difference in the price of the rental of the house and pay the tax in accordance with the law. Unwarranted rents are clearly lower than the market rental standards for the same type of housing, and tax payments are made by local tax authorities in the light of the rental market guidance.

The local tax authorities are responsible for renting house taxation and may also be delegated to the housing administration. The escrow sector should seriously fulfil its obligations of escalating, exempting and mitigating tax payments and receive oversight checks in the local tax sector.

Article 19 The renter shall, within 7 days of the date of the registration of the home lease registration certificate, enter into a security responsibility certificate with the public security authorities in the rented house and assume the following responsibilities:

(i) No rental of homes to persons without legal identity documents;

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

(iii) Recurrent security inspections and maintenance of homes and security of tenure.

Article 20 shall provide a legal and effective identity document to the lessee if the owner is actually provided. Those who belong to the outside home shall be registered at the public security authority within three days of the lease.

Article 21, the tenant shall not use the rental house to carry out production, processing, storage, operation of fuel, prone, toxic, harmful and other dangerous goods and other unlawful activities, without prejudice to public interests or impeding the normal work of others.

Article 22 Active rental homes by a broker engaged in a home lease operation shall enter into a lease contract with the lessor to determine the identity of the parties to the lease and the certificate of ownership of the home, if any, to provide the housing rental information and to inform the parties or the agent of the procedures for the registration of the house lease.

A broker engaged in a home lease operation shall not be represented by a house that is not in accordance with the conditions of rent.

Article 23, which requires the removal of rented homes for urban construction or public interest, is dealt with in accordance with the agreement of the rental contract; the housing lease contract is not agreed and is processed in accordance with the relevant provisions of the relocation of State, province and municipal homes.

Article 24, in violation of this scheme, shall not be allowed to rent a house, which shall be subject to an administrative order of the property administration to stop the violation, impose a fine of up to $50 million for the individual rental house, and impose a fine of up to $50 million for the rental of units.

Article 25, in violation of this approach, the leaser of the house is not subject to the procedures for the registration of a reserve within the prescribed time frame, which is subject to a period of time by the property administration to the party's length of service; has not been carried out for a period of up to €00 million for the rental of the house; and fines of up to 5,000 for non-residenthold lease parties.

Article 26, in violation of this approach, provides for the forgeration, alteration, transfer or transfer of the Housing Leasure, forfeiture by the housing administration and forfeiture of its evidence, which may be fined by $ 500.

Article 27, in violation of this approach, is subject to a fine of up to $3000 per 1,000 ktonnes for a house that is not in accordance with the rental conditions or for the provision of false housing rental information, as well as for the absence of the party's authorization of a home lease registration request.

Article 28 violates this approach by punishing the public security authorities in accordance with the following provisions:

(i) The renter of the home does not enter into a security responsibility bond with the public security authorities in the home area, which will be closed and will not be completed and may be fined up to five times the monthly rent;

(ii) The rental of houses to the residence and use of persons who have no legal identity documents, with a fine of three times the monthly rent;

(iii) The renter found that the lessee had used the rented house to carry out criminal activities that were not reported to the public security authorities and punished by ten times the monthly rent;

(iv) The tenants use rented houses for the unlawful production, processing, storage, operation of hazardous items such as fuel, prone, toxic and harmful items, forfeiture items, which may be fined at 10 times the monthly rent.

Article 29, such as rental management of homes, the management body and its staff, who play a role, abuse of authority, provocative fraud, are subject to administrative disposition by law, and constitutes a crime and hold criminal responsibility under the law.

Article 33