Key Benefits:
(Adopted by Decree No. 18 of 19 June 2008 by the Government of the Republic of Lasa, on 1 July 2008) Chapter I General Article 1, in order to regulate housing leases in the city, guarantee the legitimate rights and interests of the owner of the home rental market, maintain the order of the home rental market, develop this approach in line with the provisions of the People's Republic of China contract law, the People's Republic of China's Urban Property Management Act, the Urban Housing Leasing Management Scheme and other relevant laws, administrative regulations. Article 2 Article 3 of this approach refers to the rental of homes by the lessor to the payment of rents to the lessee. Article IV. Housing rental should be guided by the principles of equality, voluntaryness, equity and integrity. Housing rental shall be taxed by law. The owner of the home lease should be in line with the integrated governance of social security in the relevant sectors. Article 5 The real estate management in the area (and district) is the administrative management of rental housing within the Territory and is operationally led by the municipal property management. The public security authorities are responsible for the security management of rented homes, fire management and the establishment of a management system for the admission of tenants to information platforms, registration of safety inspections. All sectors of the city (at the district), the Government of the People's Democratic Republic of the Congo, the Ministry of Homeland Planning, People's Defence, Tax, Business, Safety Production Monitoring, Foreign Affairs, Urban Integrated Law Enforcement, Civil Affairs, Health, Family Planning, etc. should develop, in line with their respective responsibilities, the implementation of this approach. Chapter II Article 6. The renter shall be a natural person, legal person or other organization with the ownership of the house, but the occupants or other rights under the law may be the rental of the house. The renter may entrust the other person with a rental or renting house, who shall be entrusted with a written letter of entrustment and the authorization of the outside party shall be certified or certified. Article 7. The tenants may be natural, legal or other organizations outside the People's Republic of China, but the law, regulations provide otherwise or land-use rights to contract, land lease contracts otherwise agree, from their provisions or agreements. Article 8 does not rent a house: (i) No certificate of entitlement to property or other legal rights is registered under the law; (ii) Property disputes or limitations on property rights; (iii) Shared houses without written consent from all; (iv) The mortgage has been secured without the consent of the collateral; (v) Non-compliance with safety standards; (vi) Contrary to chapter buildings; (vii) Other circumstances that may not be rented by law, legislation and regulations. Article 9. Real estate development of pre-disposed commodity buildings shall be in accordance with the conditions for the sale of commodity premises and shall obtain a licence for the sale of goods by the property administration in accordance with the law. The real estate development enterprise shall not lease the commodity reserves that have been resolded and the commodity owner shall not be allowed to lease the pre-removable commodity premises. Chapter III Establishment and registration of lease contracts Article 10 parties with rental housing shall enter into a written lease contract. The commune property management should prepare model versions of the housing lease contract with the relevant departments for the use of the leaser. Article 11. Housing rental contracts include the following main elements: (i) The name or name of the party, identification, suspension or other valid documents, residence; (ii) The state of the land area, structure, subsidiary facilities and equipment at home sites; (iii) Home use; (iv) The date of delivery of homes; (v) The duration of the lease; (vi) The amount of rent, the manner of payment and the period; (vii) The responsibility for the use and maintenance of homes; (viii) The return of homes; (ix) Liability for default; (x) The settlement of disputes; (xi) Other elements of the lease agreement. Article 12. The parties shall, within 10 days of the date on which the lease contract is signed or changed, register or file with the territorial property authority and apply the annual inspection system. The registration reserve costs are implemented in accordance with the relevant provisions of the national and autonomous areas. The housing lease contract is not registered as against third parties; after the termination of the lease contract, the lessee must write off to the original registration sector. The owner of the home lease is a natural, legal or other organization of either foreign or port, Macao, treasury area, and shall, within 30 days of the date of the construction or modification of the housing lease contract, be subject to the procedures for the registration of the lease contract by the municipal property authorities. Within 7 days of the registration of the renter, the Housing Leasing Register was certified to the local public security station for the Safeguard of the Rental Housing. Article 13 Real estate authorities shall, within 10 working days of the date of receipt of the lease registration request, register the case in accordance with the provisions of the scheme and provide a certificate of the registration of the house's rental registry, which is harmonized by the municipal real estate authorities; not registering the case and written replies to the applicant. The institutions of the house that have been delegated to host a home lease registration file should be given the authorization process. The real estate authorities have not been able to make a registration decision at a later stage. The parties shall, within 10 working days of the late date, enter into the registration process for the territorial property authorities. Contrarying, alteration, transfer, transfer and transfer of the Housing Leasing Register certificate. Article 14. The real estate authorities shall send copies of the registered lease contract to the same tax sector for 10 working days from the date of registration. Article 15. The lease registration is submitted by the parties to the real estate authorities and to the following instruments: (i) The right to housing is a certificate or other valid documents supporting its property; (ii) Provision of fire-related procedures; (iii) Housing rental contracts; (iv) The taxor's identity certificate, the organization of the corporate code or legal qualifications certificate; (v) The identity of the lessee, legal qualifications or suspension of the certificate; (vi) Other material or documentation provided by law, regulations. The rental of houses cannot be registered in accordance with the provisions of this scheme, and the parties should have information on rental houses and the identity of the parties to prove to be ready by the property authorities. Article 16 has one of the following cases, and the real estate authorities are not registered: (i) The parties do not have the right to legitimate housing; (ii) Changes in land, housing use are not approved by the relevant authorities; (iii) The duration of the lease contract beyond the date of the land use; (iv) The content of the lease contract violates this approach and other relevant legal provisions. The rental period of the house is determined by the consultation of the lease party, but shall not exceed the length of the land use of the land-use right to contract, the land lease contract agreement and shall not exceed 20 years. The lease period expires and the leaser may continue the lease contract, but the agreed lease period shall not exceed the date of the extension of the land-use permit contract, the date of the land lease contract agreement and shall not exceed 20 years. The lease party does not agree on the duration of the rental of the house, which is considered to be unrealized under the law. The parties that do not have fixed-term leases may at any time terminate the lease relationship, but the lessor shall notify the lessee in writing before a reasonable period of time. The renter of a public residence house shall not terminate the lease relationship, except as otherwise provided in this approach. Chapter IV Article 18 The renter shall deliver the home to the lessee in accordance with the agreement of the lease contract. The lessor had not delivered the house on time, and the lessee could send the renter within a reasonable period of time; the lessee could lift the lease contract. Housing delivered by the lessor is not in accordance with the lease contract agreement, which makes it impossible to achieve the purpose of the lease, and the lessee may lift the lease contract. Article 19 was defective when the home was delivered, affecting the normal use of the lessee, and the lessee could require the repair or reduction of the rent; endanger the security of the lessee and the lessee could at any time lift the lease contract. Article 20 has been granted a mortgage or the transfer of home ownership by law, and the lessor shall notify the lessee in writing. Article 21, the renter may receive a housing rental guarantee in accordance with factors such as the duration of the lease, the duration of the rental payment, the use of the house, the responsibility for maintenance, and the lessee shall not receive a housing rental subsidy. In the event of the termination of the lease relationship, the rental guarantee shall be returned to the lessee except for the costs incurred by the lessee in connection with the contractual agreement. Article 2, the lessee shall make reasonable use of the house in accordance with the purposes agreed upon in the lease contract and comply with the provisions of the State and the city relating to the use and management of the property. The lessee is required to change the use of the house, with the consent of the lessee in writing, which is subject to approval by the relevant sector, and shall be authorized by the lessor or the lessor. The renter may check the use of homes by the lessee, but shall not affect the normal use of homes by the lessee; the inspection by the lessee of the renter should be synchronized. Article 23. The lessee has one of the following acts: (i) The use of homes for unlawful activities that undermine public interests or the interests of others; (ii) Oriental changes in the housing structure or agreed use; (iii) The transfer of homes to third-persons by unauthorized means; (iv) Over the period of contractual agreement; (v) The contract was not agreed to default on the rent for more than six months. As a result of the above-mentioned acts, the lessor has the right to claim compensation for the lessee. Article 24 rents for non-independent housing units, and the renter shall specify the scope, conditions and requirements of the renter in the lease contract for the use of the house. The tenants of neighbouring homes have disputed the use of the consular office, and the co-locator of the lessor shall be treated in a coordinated manner within 30 days of the disputed party's request for settlement. The lessee has disputed the use of the co-location with the neighbouring home property owner or neighbouring tenants, and the lessor shall be treated in consultation with the neighbouring home owner. Article 25 provides for the construction of houses by tenants or the establishment of additional subsidiary facilities, with the consent of the lessee in writing. The additional subsidiary facilities should be determined by the lease party in consultation with respect to the responsibility for belonging and maintenance, which is subject to approval by the relevant sector, and shall be authorized by the lessor or the lessor. Unless the lessee has agreed or exceeds the scope and requirements for the renovation of the house or the establishment of an additional subsidiary facility, the lessor may request the tenor to restore the status of the home or to compensate for the loss. Article 26 The tenant shall pay the rent in accordance with the agreement of the lease contract. The rent should be charged by the renter in accordance with the agreement of the lease contract and no other expenses shall be charged to the lessee except if the lease contract otherwise agreed. The rental payment of rents by the tenant of the house shall be payable. The amount of the default indemnity is calculated in accordance with the criteria agreed upon in the lease contract. The lessee had previously paid rent for more than six months, and the lessor could lift the lease contract and the lease contract was otherwise agreed. The cost of water, electricity, coal, communications, air conditioning, etc. incurred by the lessee in the use of the house was borne by the lessee and the lease contract was agreed upon. Article twenty-eighth of the benefit of the tenant from the use of the house is owned by the lessee, and the lease contract is agreed otherwise. Article 29 should be preserved on a regular basis by the renter, in order to keep the house in a normal position of use; the lessor found that the damage to the house should be restored by the taxor, the renter should be renovated in a timely manner, and the lease contract was agreed upon. In the case of renters' conservation and maintenance of homes, measures should be taken to reduce the impact on the use of homes by the lessee. The lessee shall cooperate with the renter in the conservation and maintenance of homes. Article 31 does not assume the liability for the natural damage of the home, in accordance with the agreement of the lease contract. As a result of the damage caused by the tenants, the lessee should be responsible for the rehabilitation; the lessee could lift the lease contract by causing damage to the main structure of the house. Article 32: The lessee and the author shall assume the following security responsibilities: (i) The “Reservation of the Responsibilities of Housing” signed with the public security station at the house's location to fulfil the responsibility of the security sector; (ii) Registration of tenants. The registration shall, at the request of the public security authority, check the identity documents of the lessee and shall not allow persons who have no legal and effective identity documents; (iii) Accreditation and succumbency of persons who have been granted a field to Lasa'a tenancy; (iv) The discovery of a lessee of an offence, criminal activity or suspicion, and the timely reporting of a public safety authority shall not be provided with accommodation, condonment; (v) Reaching the tenants in regular compliance with the law and actively assisting the public security authorities in their efforts to prevent fires, prevent theft, combat the scourge and identify problems to report to the relevant sectors in a timely manner; (vi) The rented homes must be equipped with firefighting facilities and are regularly checked and maintained for homes and secure tenure. Chapter V Rentals Article 33 refers to the part of the tenant's renting house or to the total rental of the lease. Article 34 states that one of the following conditions shall not be transferred: (i) The contractor's arrears in the rent; (ii) The tenant was self-established within the rented house; (iii) Advantaged commodity buildings; (iv) The agreement in the lease contract shall not be transferred. Article 33 fifteenth lease agreements may be transferred and the lessee may transfer the rented homes in accordance with the agreement of the lease contract. The rental contract does not agree that the lease may be transferred, and the leaser shall be subject to written consent of the lessor; without the consent of the lessor to the renting house, the lessee may lift the lease contract. After the entry into force of the housing lease contract, the transferee shall continue to fulfil the rights and obligations of the lessee of the lease agreement of the original home lease contract, while fulfilling the registration obligation. The transfer of rented homes by a public residence tenant is subject to the consent of the lessee, without the consent of the lessor to the unauthorized rent, and the renter may lift the lease contract. The non-independent housing occupants are transferred to their homes without prejudice to the normal use of coefficients by their neighbours. During the period of home transfer, changes in the rental contract, affecting the implementation of the lease contract, which should be followed by changes in the lease contract; during the rental lease contract, the transfer contract should be removed. Article 337 rents for the rental of homes are determined in consultation with the transferee. The final time limit for the period of the lease agreed upon in the rental contract shall not exceed the final date of the lease agreement in the lease contract. During the period of home transfer, the lessee shall continue to perform the lease contract, with the exception of the other agreement between the lessor and the transferee. The rights of the transferee and the acceptance of the transferee during the rental period, the obligation to refer to the provisions of the scheme relating to the rights and obligations of the lessor and the lessee. Chapter VI Changes in rental relations and terminations Article 40 transfers of homes during the lease period, the transferee of homes should continue to perform the lease contract and contract with the lessee for the replacement of the lease subject matter. During the lease period, the lessor shall notify the lessee three months before the sale and the lessee has a priority to buy the right under the same conditions. Article 40 transfers of home tenancy rights to third parties during the lease period shall be made in writing with the consent of the lessor, and the transferee of the right to rent shall continue to perform the lease contract and contract with the lessor. Article 42 states that the lease of the party during the period of the rental of the home shall be subject to the following provisions: (i) The loss of rent or the termination of the law, the successor of the owner of the house or the successor of the agent continued to perform the lease contract; (ii) Inhabiting the death of rented homes, who may continue to perform lease contracts; (iii) The non-residential home was killed or terminated by law and the lease contract was changed or terminated; (iv) The lease party is governed by law and merged, and the subsequent parties continue to perform the lease contract. In paragraph (ii) of this article, the owner may continue to perform the lease contract with multiple persons and shall be determined in consultation. It was agreed that the lessor should change the lessee; it was inconclusive that the lessor could continue to perform the lease contract. Article 43 renovates, expands or dismantled homes during the lease period, resulting in changes in the area of rental homes, the change in the number of renters, and changes in rental contracts with the lessee. During the rental period, the rental relationship was dealt with in accordance with the agreement of the lease contract, and the lease contract was not agreed in accordance with the relevant provisions of the relocation management of urban homes. Article 44 states that: (i) The right to land use within the scope of house occupation has been recovered in advance by law; (ii) Housing needs to be invoked by law for the public interest of society; (iii) Deforestation, loss or identification of dangerous homes. Article 42 continues to be rented after the expiry of the lease period, and the lessee has a priority over the lease under the same conditions. In the event of the termination of the lease relationship, the renter was entitled to recover the house and the lessee should return the home to the renter. Unless the lessor has agreed to return to the homes late, the lessor has the right to recover the royalties incurred during the house's occupation. When the home is returned, it should be in accordance with the normal post-use status or the condition of the lease agreement of the party; incompatible, the lessor may require the return of the lessee or the self-recovery, resulting in reasonable expenses borne by the lessee. Chapter VII Legal responsibility Article 47 provides that the leasing party violates Articles 6, 7, 8, 9 and 34 of this scheme, resulting in the invalidity of the lease contract, causing the loss of the property of the other party or the third person, and the injury to the person, shall be liable under the law. In violation of the provision of self-severance, the real estate management is responsible for changing its duration and may impose a fine of up to 10,000 dollars. Article 48 falsely redirects and reproduces the Housing Leasing Register certificate, which is cancelled by the real estate management and punishable by a fine of more than 500 thousand dollars. Article 49 imposes a period of time on the public security sector to impose a guarantee of responsibility for the rental of homes without contract with the public security sector; in the case of serious circumstances, a fine of five times the monthly rent. With regard to the failure of the taxor to perform the security responsibilities set out in the Securement of the Mortgage House, the public security sector cautioned against the suspension of the rental of the security case, the liability for a disaster accident and the imposition of a fine of 10 times the monthly rent. Article 50, in violation of article 9 of this approach, provides for the lease of commodity premises, by the city or by the territorial property management of the district (the district) to be responsible for the change of their duration and for the confiscation of proceeds of the conflict. Article 50 provides administrative treatment by the property administration, the public security sector and other competent persons in other sectors and other persons directly responsible for the inadmissibility of negligence, abuse of authority, provocative fraud, by virtue of law by their own units or by the superior authorities; and criminal liability is lawful. Article 52 does not correspond to the specific administrative actions of the executive branch and may apply for administrative review or conduct of administrative proceedings in accordance with the provisions of the National People's Republic of China Administrative Review Act or the People's Republic of China Administrative Procedure Act. The executive branch that conducts specific administrative acts may apply for enforcement by the People's Court if the parties have failed to apply for a review of the specific administrative acts. Chapter VIII Article 53 does not authorize the construction of their own homes on the renting State's land, subject to a legal inspection by the planning sector and consent to the temporary reservation, a certificate of the rental registration of the house (provisional); and a certificate of the granting of a home free of the approval of its own construction in the rental of the farmer's home base, which is subject to the granting of a certificate of house rental registration (provisional). The housing rental registration certificate (provisional) is an effective period of one year. The housing lease registration certificate (provisional) is not used as a basis for housing rights and relocation indemnity only for the rental of homes referred to in paragraph 1 of this article. Article 54 |
