Lhasa Rental Interim Measures

Original Language Title: 拉萨市房屋租赁暂行管理办法

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(June 7, 2008, Lhasa city people's Government Executive meeting on June 19, 2008, Lhasa city people's Government released 18th, come into force on July 1, 2008) Chapter I General provisions article in order to regulate the city's rental housing, protect the legitimate rights and interests of housing lease, maintenance of rental housing market, according to the People's Republic of China contract law, the People's Republic of China on urban real estate administration law, the urban lease regulations and other relevant laws,
    Provisions of administrative regulations, combined with the municipality, these measures are formulated.
    Second administrative area of the city within the leasing and management of the application of this approach.
    Article leasing in these measures refers to the lessor will deliver the lessee to use the premises, the tenant to pay the rent. Fourth housing rentals should follow equality, voluntariness, fairness and the principle of honesty and trustworthiness.
    Housing rental should pay taxes according to law.
    Rental subjects to cooperate with relevant departments in comprehensive management of public security work. Article fifth Lhasa city real estate, lease, management is the Administrative Department.
    District (or County) real estate management sector is the area of lease administration and real estate management on the business.
    Public security organs shall be responsible for policing, fire management of the leased premises, to establish tenant entry information platform, security checks of registration management system.
    The city district (County) Government, territorial planning, defence, tax, commercial, safety, Foreign Affairs, comprehensive urban management enforcement, civil affairs, health, family planning and other departments shall, in accordance with their respective responsibilities, make suggestions, coordinate the implementation of these measures. Chapter lease terms and conditions article sixth housing lessors should have ownership of natural persons, legal persons or other organizations, homes in escrow but legally the custodian or other rights prescribed by law may be housing lessors.
    Housing lessors can entrust others to rent or lease the Housing Authority, being the principal shall hold a written power of Attorney, letters rogatory shall be notarized or certified by the parties outside.
    Seventh lessee may be People's Republic of China inside and outside the natural person, legal person or other organization, but otherwise provided by laws and regulations or the land contracts, agreed by the land lease contract, those provisions or the agreement.
    Eighth article has following case one of of housing shall not rental: (a) not law registration made real estate warrants book or no other legal ownership proved of; (ii) property has dispute or property by limit of; (three) total of housing, without all total people written agreed of; (four) has mortgage, without mortgage right people agreed of; (five) not meet security standard of; (six) is illegal building of; (seven) legal, and regulations provides shall not rental of other case.
    Nineth pre-sale real estate development enterprises, shall comply with the conditions of real estate sale and shall obtain the pre-sale of licenses issued by the Department of real estate management.
    Advance sale of real estate development enterprises may not have the pre-lease housing purchaser shall not advance the pre-lease.
    Chapter lease contracts entered into and registered for the record tenth the Parties shall enter into a written contract of lease.
    Real estate administrative departments shall, jointly with relevant departments of the leasing contract demonstration text, reference by the parties for rental. 11th article housing rental contract including following main content: (a) rental party of name or name, ID, and stay card or other effective documents, residence; (ii) housing seat landing points area, and structure, and subsidiary facilities and equipment status; (three) housing uses; (four) housing delivered date; (five) rental term; (six) rent amounts, and paid way and term; (seven) housing using requirements and maintenance responsibility; (eight) housing returned Shi of State; (nine) default responsibility; (10
    ) Dispute resolution (11) leasing contract other content. 12th party shall lease contract or change the date in the 10th, to the competent Department of real estate registration or filing their respective jurisdictions, and adopt an annual inspection system of registration and filing.
    Registration fee according to the relevant provisions of the State and the autonomous communities.
    Rental contract without registration, not against a third party; after the termination of the leasing contract, the lessor must register with the primary sector cancellation.
    Party rental housing for foreign or Hong Kong, Macao and Taiwan areas of natural persons, legal persons or other organizations shall lease from the date of contract conclusion or modification in the 30th, housing rental contracts to the City Housing Authority registration procedures.
    Lessor registration and 7th days after holding the lease signed registration certificate to the local police station of the leased premises security liability guarantee.
    13th real estate authority shall receive the lease within 10 working days from the date of application for registration, subject to this regulation, be registered and issued by the Department of real estate, drawn by the rental housing registration certificate; not in accordance with this Regulation shall not be registered, and reply in writing to the applicant.
    Concierge rental housing intermediaries registration, shall present the entrustment. Real Estate Department fails to be registered whether or not decision is deemed to be registered.
    Parties within 10 working days since the date of late to the area housing authority registration procedures.
    Forgery, alteration, lend, transfer the rental registration certificate.
    14th real estate lease contract copies shall be registered by the competent sent within 10 working days from the date of registration at the tax authorities for their records.
    15th article rental registration by party to real estate competent sector application, and submitted following instruments: (a) housing ownership certificate or proved its property of other effective documents; (ii) provides fire related procedures; (three) housing rental contract; (four) rental people ID ming, and organization institutions code certificate or legal qualification proved; (five) tenant people ID ming, and legal qualification proved or stay card; (six) legal, and regulations provides of other material or documents.
    Rental housing cannot be registered in accordance with these measures, the Parties shall take the rental housing-related information and party identification to the Housing Authority for the record.
    16th under any of the following circumstances, competent departments of real estate shall not be registered: (a) the parties did not obtain legal housing rights, (ii) change in land and housing purposes without the approval of relevant departments; (iii) the term of the leasing contract exceeds land use; (d) lease content in violation of these regulations and the provisions of other relevant laws. Article 17th House term of the lease by lease negotiated by the parties, but shall not exceed the land contracts, land leasing contract of land use and must not be more than 20 years.
    Lease expires, the lease may renew the lease, but the agreed lease period from the date of renewal shall not exceed the land contracts, land leasing contract of land use and must not be more than 20 years. Lease the lease term is not agreed by the parties, in accordance with the law are still unsure, not considered a periodic tenancy.
    Not a periodic tenancy the parties may at any time terminate the lease, the lessor shall at reasonable prior written notice to the lessee.
    The lessor may not terminate the lease of the public housing, but, except as otherwise provided in this way.
    The fourth chapter housing delivery, use and maintenance of article 18th lease contract shall be in accordance with the agreement of the lessor to the lessee to deliver housing.
    The lessor fails to deliver housing, the lessee lessor delivered within a reasonable period of publication; overdue deliveries, the lessee may terminate the lease contract.
    Delivered by the rental housing does not meet the stipulated in the rental contract, rental purposes cannot be achieved, the lessee may terminate the lease contract.
    Article 19th housing delivery if there is a defect, affecting the normal use of the lessee, the lessee may require repair or a lessor period reduced rent and endanger the safety of the lessee, the lessee may terminate the lease contract.
    Article 20th premises set mortgage or home ownership transfer are limited by law, the lessor shall inform the lessee in writing in advance.
    21st the lessor according to the term of the lease, rent payment, housing, maintenance responsibilities and other factors, and the lessee agreed to charge a rental deposit, but owned residential housing lessors may not charge a rental deposit.
    Upon termination of the lease, rental security deposit only used used to contract the lessee shall bear the costs, should be returned to lessee.
    22nd the lessee lease contract shall be in accordance with the reasonable use of housing, and comply with the national and city housing and property management requirements.
    Tenants need to change the housing should be written consent the consent of the lessor, which required approval by the relevant authority in accordance with law, commissioned by the lessor or the lessor the lessee should be reported to the relevant authorities.
    Lessor to the lessee to use the housing to check the situation, but should not affect the normal use of the lessee; checking of the lessee to the lessor shall provide cooperation.
    23rd article tenant people has following behavior one of of, rental people right to lifted rental contract: (a) using housing for illegal activities, damage public interests or others interests of; (ii) unauthorized change housing structure or agreed uses of; (three) unauthorized will housing sublet third people of; (four) over contract agreed term of; (five) contract not agreed, arrears rent up 6 months above of.
    Lessor loss due to such acts, the lessor has the right to require the lessee to compensate. 24th independent sets of rental housing, the lessor shall explicitly combined use of the lessee in the lease contract parts of the scope, conditions and requirements.

    Adjacent housing tenant to share parts of the controversial, the lessee lessor shall jointly in accordance with a fair and reasonable principle party in dispute settlement of disputes requires coordination within 30th of, and issue a written opinion.
    The lessee and the adjacent property or adjacent housing tenant to share parts of the controversial, the lessor shall consult with the adjacent housing property. 25th decoration of the lessee or of subsidiary facilities, shall be made in writing with the consent of the consent of the lessor.
    Additional ancillary facilities shall be determined by the parties of the lease negotiation the ownership and maintenance responsibility, which required approval by the relevant authority in accordance with law, commissioned by the lessor or the lessor the lessee should be reported to the relevant authorities.
    Without the consent of the lessor or the lessee is beyond the consent of the lessor of the scope and requirements of decoration or additional ancillary facilities, the lessor may require the lessee to restore the House to its original condition or to pay damages.
    26th the lessee shall pay the rent agreed in the lease contract.
    House rental lease contract shall be in accordance with the agreed rent, except otherwise specified in the contract, shall not be charged to the lessee cost. Extension of the lessee to pay rent for housing, should pay a penalty.
    The amount of penalty, calculated in accordance with the criteria stipulated in the rental contract.
    The lessee fails to pay the rent is more than 6 months, the lessor may terminate the lease contract, lease contract otherwise agree, their agreement shall prevail.
    The events of the 27th the lessee to use the housing, water, electricity, coal, telecommunications, air conditioning costs, borne by the lessee, the lease contract otherwise, their agreement shall prevail.
    28th the lessee to use housing benefit to the lessee, otherwise agreed in the lease contract, their agreement shall prevail.
    29th the lessor shall periodically for housing maintenance, housing under normal use conditions; tenants found the housing is damaged, it shall notify the lessor to repair, the lessor shall promptly repair, otherwise agreed in the lease contract, their agreement shall prevail. 30th lessor to the conservation and maintenance of housing, steps should be taken to reduce the impact on housing of the lessee.
    Lessee shall coordinate with the lessor to the conservation and maintenance of housing.
    31st the lessee in accordance with the leasing contract with housing, do not assume the liability of natural loss of housing.
    Damage caused by tenant's housing, the lessee shall be responsible for rehabilitation and cause damage to the main structure of the premises the lessee, the lessor may terminate the lease contract. 32nd lessor, seller shall bear the following law and order responsibilities: (a) signed with the housing police station where the security guarantee of the leased premises, carry out security responsibilities, (ii) the lessee is registration. Registration Shi should according to police organ of requirements, check tenant people of identity documents, shall not stay no legal effective identity documents of personnel; (three) urged field to Lhasa tenant of personnel timely handle stay registration and apply for stay card; (four) found tenant people has illegal, and crime activities or suspected of, should timely report police organ, shall not shield, and condoned; (five) on tenant people for regular of law-abiding publicity, active assist police organ do fire, and anti-theft, and anti-security hidden of work,
    Find problems in time to report to the relevant authorities; (f) rental of houses must be equipped with fire-fighting facilities, and regular security checks and maintaining the House, residential safety.
    Fifth chapter 33rd sublease sublease refers to the lessee in the lease rent housing during part or all of the rent Act.
    34th housing may not be rent, one of the following circumstances: (a) the lessee defaults on rent payments; (b) the lessee tenant house built without permission, and (iii) rental housing; (d) have agreed in the lease contract may not be sublet. Article 35th of the leasing contract to sublet, the tenant may in accordance with the lease agreement to sublet the housing. Sublet rental contract is not agreed, the lessee subleases the housing shall obtain the consent of the lessor's written consent; without the consent of the lessor's consent to sublet the housing, the lessor may terminate the lease contract.
    Sublease contract comes into effect, a subtenant shall continue to perform the original lessee of the leasing contract rights and obligations, and registration obligations.
    Public housing tenants to sublet the housing needs the consent of the lessor agrees that, without the permission of the lessor for rent, the lessor may terminate the lease contract.
    Non-independent sets of lessee to sublet the housing shall not affect adjacent users to share parts of normal use.
    During the 36th sublease, lease contracts changed, affecting the sublease contract, sublease contract shall change accordingly; during the sublease, lease contract, sublease contract shall be lifted.
    37th rent sublet, sublets by the parties in consultation.
    Lease sublease contracts 38th article of the deadline, it shall not exceed the leasing contract the last rent day of the current period.
    During the 39th subleasing, the lessee shall continue to perform the lease contract, lease and sublease unless otherwise agreed by the parties.
    During the sublease, sell them and a subtenant with the rights, obligations, reference to these procedures apply to rental and the provisions of the rights and obligations of the lessee.
    Sixth chapter lease modification and termination article 40th House during the lease transfer, the assignee shall continue to perform the lease contract of the House, and signed with the lessee the lease contract.
    Houses sold during the lease, the lessor shall notify the lessee 3 months before the sale, the lessee shall have the preemptive right in the same condition.
    41st the lessee in the lease period will lease the premises to a third person, shall be made in writing with the consent of the consent of the lessor, by the assignee of the lease of housing continued to perform under the lease contract, and signed with the lessor leases the main contract. 42nd article housing rental during rental party death or law change, and terminated of, rental relationship according to following provides processing: (a) rental people death or law terminated of, by housing ownership of heir or following by people continues to perform rental contract; (ii) live housing tenant people death of, its before common live people can continues to perform rental contract; (three) non-live housing tenant people death or law terminated of, rental contract law change or terminated; (four) rental party law Division, and merged of,
    The parties continue to meet the lease after the change. Subsection (b), who continue to perform the lease contract can be more than one person, shall by mutual agreement settle the lessee.
    Consensus, the lessor shall change the lessee through inconsistent, the lessor can continue determining the lessee in the lease contract.
    Article 43rd alteration, extension or demolition and reconstruction of housing during the lease, lease area, position changes, consensus by the lessor and the lessee, modification of a lease contract.
    Demolition of houses during the lease term due to urban construction, agreed in the lease contract of lease relations; leasing is not stipulated in the contract in accordance with the relevant regulations of the urban housing units management.
    44th lease occurs during any of the following circumstances, the lease is terminated: (a) housing within the land is recovered in advance according to law; (b) housing as a social and public interests need to be lawful, and (c) the housing is damaged, destroyed or lost or has been identified as a risk House.
    Article 45th houses after the expiration of the lease rent, the tenant has priority right to lease in the same condition. Article 46th upon termination of the lease, the lessor has the right to housing, the lessee shall return that houses the lessor.
    The lessee without the consent of the lessor fails to return home, the lessor has the right to recover the fees for housing during the occupation.
    When the House returned, shall conform to the normal use or lease agreement for the status of the State of non-compliant, the lessor may require the lessee to restore or recover, the reasonable costs incurred by the lessee.
    Seventh chapter law responsibility 47th lease violations of the sixth, seventh, eighth and Nineth, 34th of the rules, the lease contract is invalid, causing the other party or a third party property damage, personal injury, liability shall be borne.
    Stipulated rental without authorization, the real estate management Department be ordered to rectify, and liable to a fine of 10,000 yuan.
    48th forge, alter the rental registration certificate, certificate of real estate management to remove his and fined 500 Yuan more than 1000 Yuan fine.
    49th on the lessor has not signed with the public security departments of the leased premises security liability guarantee and rectification of Public Security Department in serious cases, fined and rent of 5 times less.
    The lessor fails to observe the provisions of the leased premises security liability guarantee law and order responsibilities, the police warning, ordered to stop letting public security cases, disaster accident, fined and rent of 10 times less.
    50th parties violating these rules article Nineth rental housing by the municipal or district (County) property management ordered to rectify, confiscate the illegal income.
    51st real estate management, public security departments and other departments in charge of personnel and other persons directly responsible for dereliction of duty, abuse of power, favoritism, and by their work units or by the competent authorities shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    52nd where specific administrative acts of the Administration, may, in accordance with the People's Republic of China administration reconsideration law or the People's Republic of China administrative litigation law of the provisions may apply for administrative reconsideration or administrative examination proceedings.
    Parties on the specific administrative act if no application for reconsideration does not sue does not comply, the administrative sector specific administrative act may apply to a people's Court for compulsory execution. The eighth chapter by-laws

    53rd on the lease of State-owned land without a building approved by the House inspected by the Planning Department and agreed to temporarily retain, housing rental registration certificate issued by the (temporary); farmer's homestead within the building on their own without approval of the rental housing, housing rental registration certificate issued by the (temporary).
    Rental housing registration certificate (provisional) valid for 1 year.
    Rental housing registration certificate (ad hoc) only referred to in the first paragraph of this article lease record vouchers for housing, not as a basis for ownership of housing and compensation.
              54th these measures shall come into force on July 1, 2008.

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