Guangzhou Municipal People's Government On The Amendments To The Regulations Of Guangzhou Municipality On House Tenancy Management Decisions

Original Language Title: 广州市人民政府关于修改《广州市房屋租赁管理规定》的决定

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(The people's Government of Guangzhou City, October 22, 2007 at the 28th Executive meeting by the people's Government of Guangzhou City, January 2, 2008 the 5th release come into force on the date of promulgation) Executive meeting of the 13th session of the 28 municipalities decided to make the following changes in the provisions of Guangzhou Municipality on House tenancy Administration: the relevant provisions in the "district, county-level cities real estate administrative departments" is amended as "real estate administrative departments".
    This decision shall come into force as of the date of.

    Provisions on the administration of Guangzhou Municipality on House tenancy republished as modified under this decision. Attached: Guangzhou housing rental management provides (2008 amendment this) (February 19, 2005 Guangzhou Government makes 2nd, released, according to January 2, 2008 Guangzhou City Government on modified straddling Guangzhou housing rental management provides of decided Amendment) first chapter General first article for strengthening housing rental management, guarantees housing rental market of health development, maintenance social security, according to People's Republic of China City real estate management method, about legal regulations, combined this city actual,
    These provisions are formulated.
    Article on House tenancy administration within the administrative area of the city governed by these provisions.
    Third House in these rules, including domestic, commercial and industrial buildings, Office premises, warehouses and other buildings. Leasing, refers to a lessor of its lease to a lessee for use by the tenant to pay the rent.
    Rental man out houses to others, or in the name of cooperation, joint ventures, not directly involved in the operation, do not participate in the distribution of profits, as rental housing.
    Fourth estate the Department is leasing executive authorities, in accordance with the unified management of the leasing market.
    Real estate leasing, lease, management is responsible for the registration of assessment, lease prices and housing rental information collection area, County real estate leasing management is responsible for the Organization and implementation of the leasing registration.
    Fifth article police, and family planning, and business, and tax, and planning, and city management integrated law enforcement, administrative competent sector should according to their duties, mutual tie, on housing rental for integrated management: police organ is responsible for rental housing of fire outside personnel registration and security management; tenant people and live personnel of household, and outside personnel registration and security management; family planning administrative competent sector is responsible for tenant people and live personnel of family planning management;
    Industrial and commercial administrative department is responsible for investigating the use of rental housing for operating without a license, illegal business; tax administrative departments in charge of tax collection and management of rental housing; planning administrative departments and comprehensive urban management enforcement department is responsible for the investigation of illegal construction in accordance with their respective responsibilities.
    Rental Management Service Center VI Street, town land and housing, public security, planning, taxation and other administrative authorities entrusted, centralized management area lease contract registration, account management, tax collection or registration of temporary residence permits, family planning related works.
    Seventh Government to promote rental housing commissioned Street, town center rental information rental management service. Rental management services, street, town center, you can accept the lessor delegate publishing rental information.
    But shall not engage in business activities, shall not be charged any fees.
    Chapter lease obligations Article eighth House lease the Parties shall cooperate with the relevant departments in rental housing, building safety, fire safety, security, family planning and investigate the management of production and sales of fake and shoddy goods.
    Nineth article has following case one of of housing, shall not rental: (a) not made real estate warrants book or no other legal ownership proved of; (ii) ownership has dispute of; (three) judicial organ or administrative organ law ruled, and decided seized or to other form limit real estate right of; (four) total of housing, without other total people written agreed of; (five) belongs to illegal construction of; (six) belongs to dangerous housing of; (seven) not meet fire security standard of; (eight) has released housing demolition announcement of;
    (I) prohibited by other laws, regulations and rules. Tenth Article rental people should perform following obligations: (a) shall not to not provides identity proved file of personal rental housing; (ii) shall not to law should made license or other approved file and license and not made of units rental housing; (three) shall not to no family planning proved of married childbearing age floating rental housing, found tenant people and live personnel birth or pregnancy of, timely to family planning administrative competent sector report; (four) handle housing rental registration record procedures Hou, Should to housing location police police station signed security responsibility guarantee; (five) shall not using rental housing, engaged in illegal crime activities; (six) found rental housing within has suspected illegal crime behavior of, should timely to police organ or other related administrative competent sector report; (seven) told non-this city household of tenant people and live personnel to housing where street, and town rental housing management service center handle stay registration procedures; assist about administrative sector and street, and
    Rental management service center of town collecting tenant and living persons shall be furnished information; (VIII) security checks for rental housing, to detect and eliminate security risks; (I) within the time stipulated in the Declaration, pay rental taxes according to law. The shipowner entrusts an agent to carry out his managerial responsibilities, shall report in writing housing Street, town house rental management service center.
    The appointed agent shall perform the obligations of the lessor. 11th the lessee shall comply with the following provisions: (a) in accordance with the planning for housing purposes, the structure of and the fire safety requirements under the housing, without changing the nature of the building, or carry out other acts of illegal construction. Found tenant housing has security hidden of, timely told rental people be elimination; (ii) shall not using rental of housing illegal production, and processing, and store, and business flammable, and easy burst, and toxic, dangerous items; (three) shall not using rental housing engaged in illegal crime activities; (four) perform family planning responsibility, married childbearing age personnel should consciously accept live to family planning technology service guide; (five) provides real effective documents, truthfully filled about form, tie related management sector of management.
    Lessees of non-residence in this city, where housing should be streets, town house rental management service center for temporary residence registration.
    Chapter Management section 12th rental system of registration and filing.
    Housing rental both party should since signed, and change contract of day up 3rd within, to housing location of street, and town rental housing management service center handle housing rental registration record procedures, and submitted following information: (a) real estate warrants book or other legal ownership proved; (ii) rental people, and tenant people of personal identity proved or corporate, and other organization of registration registered proved; (three) housing rental contract. Leased property owned in common, the lessor shall provide the written proof of the consent of the other co-owners for rent; commissioned escrow rental housing, the trustee shall submit the client authorized to lease the proved; leased housing, proof of sublease sublease shall submit the consent of the lessor.
    Lease termination of a lease agreement by both parties, shall from the date of termination of the lease contract expires and in the 3rd, notify the housing location of rental management services, street, town centre, for cancellation of the registration procedure.
    13th register of the leasing contract shall be from the date of receipt of registration information finished 3rd.
    14th district, County real estate leasing management at the time of registration should be reviewed.
    Rental housing is listed in this article Nineth situation, or the lessor fails to perform the obligations set out in article tenth first to second in the first paragraph, and district and County real estate leasing management should be indicated at the time of registration, at the same time notify the relevant administrative departments.
    District and County real estate leasing management when handling the leasing registration shall be in accordance with the provisions of this article 22nd of land and housing, public security, planning, comprehensive urban management enforcement departments informed of dangerous buildings, illegal construction, to review the fire safety hazards in housing, or to enquire about the situation, but shall not increase the registration applicant. 15th district, County real estate leasing management shall, before the 5th of last month, real estate leasing, lease submitted registration situation management.
    Real estate lease management shall guide and supervise the area and County real estate leasing management and rental management services, street, town centre, rental management.
    Article 16th non-household tenant and living persons in the city, according to Guangzhou mobile IC card temporary residence permit regulations and the provisions of relevant laws, regulations, rules, registered by district and County real estate leasing management lease contract, the rental house is located Street, town house rental management service center to apply for temporary residence registration.
    Article 17th, household registration, the tenant and living persons without family planning certificates or the certificate of family planning services in Guangdong Province, in accordance with the regulation on population and family planning work, and other related legal provisions and regulations, street, town, where the lease rental management service center for processing.
    18th parties to a lease for rental contract when you register, you can apply this provision in conjunction with 16th and 17th article related matters, as well as the procedures for tax registration.
    Street, town rental management service center should be the legal basis for these matters, handling the conditions, procedures, deadlines, fees and all the materials required to submit directory publication and application model in Office space.
    19th industrial and commercial administrative departments for industry and commerce business license registration, to rent for business premises, shall request the parties to provide the area, County real estate leasing manages the registration of lease contract. 20th Department of tax administration should be carried out according to the rental tax levies.

    Article 21st of land and housing, public security, planning, taxation, planning and urban management, industrial and commercial administrative departments should strengthen the daily inspections of rental housing.
    Rental Management Service Center, streets, town daily inspection system should be established, strengthened information collection, and with land and housing management, public safety, family planning, taxation, planning and other administrative departments, on the streets, check the rental housing within the town.
    Street, town rental management service center should be routine inspections of rental housing information to inform relevant authorities, district and County real estate leasing management.
    District/County real estate leasing management according to the provisions of the preceding paragraph should be 3rd of the month gets rental, real estate lease management, submission of information.
    Relevant administrative departments for routine inspections found illegal and criminal acts, and rental management service centre informed of illegal and criminal acts, it shall be processed in a timely manner.
    22nd land and housing, public security, planning, comprehensive urban management enforcement and other departments in this sector should be master of dangerous buildings, illegal construction and fire safety hazards in housing and tenant information promptly to inform the House and the seat of district, County real estate leasing management. 23rd article City real estate rental management should will district, and County real estate rental management according to this approach 15th article, and 21st article submitted of housing rental record situation and housing rental information, and real estate intermediary service institutions, and property management company according to this approach 24th article, and 25th article submitted of housing rental situation for finishing, Yu monthly 25th Qian in Guangzhou rental housing integrated management information system in the announced, while told related administrative competent sector.
    Leasing of public security organs in comprehensive information management system of floating population in Guangzhou City announced.
    Real estate lease management by relevant competent administrative departments provide rental information, strengthen the management of rental housing, and promptly investigate and deal with illegal activities according to law.
    24th real estate intermediary service organization provides leasing brokerage services, shall inform the housing lease rental housing registration formalities, and bi-monthly through the institutions the parties to a mediation service entered into a lease agreement name, housing, real estate lease management, location specifics.
    25th property management company shall obstruct the executive staff, as well as rental management service center, streets, town official duties according to law, and bi-monthly to the company's property management services in the region there are parties of the leasing relationship names, houses, real estate lease management, location specifics.
    Article 26th city, district and County real estate leasing management, street, town rental management service center staff members shall not use housing rental information at his disposal, and rental management activities not related to profit-making.
    Fourth chapter penalty provisions article 27th shipowner acts against the provisions of this article Nineth, may not rent lease, the lessor is a natural person, real estate administrative departments impose a fine of 10000 Yuan; the lessor is a legal person or other organization, fined a maximum of 30000 Yuan.
    Shall not rental of housing has following case of, by related administrative competent sector while give following administrative punishment: (a) rental people violation this provides Nineth article subsection (five) items provides, rental of housing belongs to illegal construction of, by Chengguan and planning sector in accordance with Guangzhou City illegal construction investigation Ordinance investigation; (ii) rental people violation this provides Nineth article subsection (six) items provides, rental of housing belongs to dangerous housing of, by real estate administrative competent sector in accordance with Guangzhou housing repair management provides punishment;
    (C) the shipowner acts against the provisions of article Nineth part (g) provides, rental housing does not meet fire safety standards, by the public security organs in accordance with the People's Republic of China fire law penalties, which have a significant fire hazard, after notification by the public security organ without correction, by the public security organs in accordance with the People's Republic of China regulations on administrative penalties for public security shall be penalized. 28th article rental people violation this provides tenth article provides, give following administrative punishment: (a) rental people violation this provides tenth article first paragraph subsection (a) items provides, will housing rental to no identity proved of personal of, by police organ sentenced warning, and months rent 3 times times following fine; (ii) rental people violation this provides tenth article first paragraph subsection (ii) items provides, know or should know tenant people engaged in no as business behavior and rental housing of, by business administration sector ordered immediately stop rental behavior, confiscated illegal proceeds , And at 20,000 yuan following of fine; will housing rental to tenant people engaged in against human health, and exists major security hidden, and threat public security, and damage environment resources of no as business behavior of, and at 50,000 yuan above 500,000 yuan following of fine; (three) rental people violation this provides tenth article first paragraph subsection (three) items provides, to no family planning proved of married childbearing age floating rental housing; or found tenant people and live personnel birth or pregnancy, not timely to family planning administrative competent sector report, Rental people is natural of, by family planning administrative competent sector sentenced 1000 Yuan fine; rental people is corporate or other organization of, sentenced 1000 Yuan above 5000 Yuan following fine; (four) rental people violation this provides tenth article first paragraph subsection (four) items provides, handle housing rental registration record procedures Hou, not to housing location police police station signed security responsibility guarantee of, by police organ ordered deadline replacement procedures and confiscated illicitly acquired. Plot serious of, can and at months rent 5 times times following of fine; (five) rental people violation this provides tenth article first paragraph subsection (five) items provides, using rental housing, engaged in illegal crime activities of, by about management sector law punishment: introduced or host prostitution, and piaosu prostitutes of, at 15th following detention, and warning, and ordered repentance or in accordance with provides implemented reeducation-through-labor, can and at 5000 Yuan following fine. Gambling activities to provide rental housing for others, 15th following the detention by public security organs, can be fined a maximum of 3000 Yuan simply or and; or in accordance with the provisions of re-education through labour constitutes a crime, criminal responsibility shall be investigated according to law. Made for others, the sale of obscene books, CDs or other obscene materials to provide rental housing, 15th following the detention by public security organs, can be fined a maximum of 3000 Yuan simply or and; or in accordance with the provisions of re-education through labour constitutes a crime, criminal responsibility shall be investigated according to law. Know or should know production sales fake commodity and for its provides site of, by police organ ordered corrected, confiscated proceeds, sentenced 100000 Yuan following fine, proceeds in 100000 Yuan above of, sentenced proceeds 1 time times above 5 times times following fine; constitute harbouring, and shield crime of, law held criminal; (six) rental people violation this provides tenth article first paragraph subsection (six) items provides, found tenant people using rental housing for illegal crime activities or has illegal crime suspected not stop, and not report,
    Or occurred case, and security disaster accident of, by police organ ordered stop rental, can and at months rent 10 times times following of fine; (seven) rental people violation this provides tenth article subsection (nine) items provides, in provides term within not handle tax declared, and not paid or less paid should NA or should paid tax of, by tax administrative competent sector according to People's Republic of China tax levy management method and implementation rules of about provides for processing or punishment. 29th article tenant people violation this provides 11th article provides, give following administrative punishment: (a) tenant people violation this provides 11th article first paragraph subsection (a) items provides, unauthorized change buildings using nature, or implementation other illegal construction behavior of, by planning administrative competent sector and city management integrated law enforcement sector in accordance with Guangzhou City illegal construction investigation Ordinance, related legal, and regulations of provides for processing or punishment; (ii) tenant people violation this provides 11th article first paragraph subsection (ii) items provides, Using tenant housing production, and store, and business flammable, and easy burst, and toxic, dangerous items of, confiscated items, by police organ sentenced months rent 10 times times following fine; constitute crime of, law held criminal; (three) tenant people violation this provides 11th article first paragraph subsection (three) items provides, using rental housing, engaged in illegal crime activities of, by about administration sector law punishment; (four) tenant people violation this provides 11th article first paragraph subsection (four) items provides, not perform family planning responsibility of,
    By family planning administrative departments shall punish; (v) the 11th tenant in violation of the provisions of article paragraph (e) provides that does not provide a real and valid documents, warn, monthly rent by the public security authorities fined a maximum of 3 times.
    Violation of the provisions of article 12th 30th lessor, without going through the House leasing contract registration, be ordered by the Administrative Department of real estate within a replacement registration procedures, nature fails to go through the registration procedure, impose a fine of 100 Yuan; fails to go through the formalities of registration and filing of legal persons or other organizations, fined not more than 5000 Yuan more than 10000.
    Tenant and resident personnel in violation of the provisions of article 31st article 17th through family planning administrative departments in their current place of residence notice late still refuses to go through, or refuses to submit the proof of family planning from their current place of residence of the family planning administrative departments above the county level in a warning, and may be fined not more than 500 Yuan.
    32nd article real estate intermediary service institutions violation this provides 24th article provides, not in provides term within will accept rental delegate of housing situation told city real estate rental management, property management company violation this provides 25th article provides, not in provides term within will this company property management service regional within of housing rental situation told city real estate rental management of, by City real estate administration sector be warning, ordered its deadline submitted housing rental situation, late not submitted of, sentenced 10000 Yuan fine. 33rd article violates these provisions, refuse or obstruct the national staff perform their duties according to law, dealt with by the public security organs according to law; the use of violence, threat, constitute a crime, shall be investigated for criminal responsibility by judicial organs.

    Article 34th land and housing, public security, planning, industry and commerce, taxation, planning and comprehensive urban management enforcement sector and real estate lease management, rental management service center staff rental housing management activities, failure to comply with the provisions of the corresponding duty or abuse of power, dereliction of duty and favoritism, bribe, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    Fifth chapter supplementary articles article 35th housing lend it to others to use, in accordance with the management.
    Article 36th rental housing in the city of foreigners, reference thereto.
    37th article of the rules for the implementation of the provisions enacted by the municipal rental housing management office pursuant to this provision. Article 38th of these provisions come into effect May 1, 2005.
                                                                              On December 6, 1995 the management of Guangzhou Municipality on House tenancy repealed simultaneously.