Hangzhou Lease Regulations

Original Language Title: 杭州市房屋租赁管理规定

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(October 31, 2006 Hangzhou people's Government Executive meeting of the 123th consideration on November 9, 2006, the Hangzhou people's Government promulgated as of January 1, 2007, No. 232) first to strengthen the management of rental housing, protect the healthy development of the leasing market, maintaining public interest and lease the legitimate rights and interests of the parties, in accordance with the People's Republic of China on urban real estate administration law, leasing regulations, Zhejiang Province, and other provisions of the relevant laws and regulations,
    This municipality actually, these provisions are formulated.
    Article within the scope of the city's rental housing management, these provisions shall apply.
    Houses referred to in the provisions of article III, including residential, commercial and industrial buildings, Office premises, warehouses and other buildings.
    Leasing refers to the lessor will deliver the premises to the lessee for living, production, management, Office, warehouse, etc, by the lessee to pay the rent.
    Lessor out houses to others, or in cooperation, on behalf of the joint venture does not directly participate in the operation, does not bear the risks and profits, as rental housing.
    To lend House paid others to use, in accordance with the management.
    Fourth of municipal, district and township (town) people and subdistrict offices should strengthen the leadership and coordination of rental management, financial management, organization and personnel, good management of rental housing within their respective jurisdictions.
    Fifth public security, real estate, tax, business, family planning, management, and other administrative departments shall, in accordance with their respective functions, supervise and administer the law on leasing, strengthen coordination and cooperation, establishment of an information exchange system management and resource sharing.
    Public security organs shall be responsible for comprehensive coordination of rental management, and is responsible for security management of rental housing, fire management and the tenant's household register management of housing.
    Real estate administrative departments in charge of registration of the lease.
    Tax collection and administration of the tax department is responsible for leasing.
    Industrial and commercial administrative department is responsible for investigating the use of rental housing for operating without a license and other illegal business practices, investigate and deal with illegal real estate intermediary services.
    Family planning administrative departments responsible for the tenant's family planning management.
    Sixth district people's Government should be based on actual needs, organizing police, housing, tax, business, management and other functional departments implementing the Joint Office of family planning system, dealt with registered housing lease, lessee information registration and temporary residence registration, business registration, tax collection and management of the floating population and family planning management and so on.
    Seventh of the related administrative departments in the management of rental housing should give full play to (CUN) Commission, real estate services, property service enterprises, units defending organizations, public security organizations and the role of the masses.
    Article eighth rental system of registration and filing.
    Rental people and tenant people should signed housing rental contract, and since housing rental contract signed of day up 10th within, to rental housing location of district property administrative competent sector application handle housing rental registration record procedures, and submitted following information: (a) housing ownership card or other legal of ownership proved; (ii) rental people and tenant people of legal effective identity proved; (three) housing rental contract.
    Rental house 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 provide the client authorized to lease the proved; leased housing, proof of sublease sublease shall submit the consent of the lessor.
    Leasing parties change, termination of the leasing contract, the lessor shall lease modification, termination date in the 10th, for the modification and cancellation of the registration procedures.
    Rental housing registration shall not charge any fee by the shipowner. Nineth meets the lease conditions of registration, real estate administrative departments shall from the date of receipt of the application for registration be registered within the 10th, and a lease issued for the record to prove it.
    For rental housing with the situations listed in the article 19th, or lessor fails to fulfil the provisions of article 20th (a) the obligations listed shall not be registered.
    Tenth real estate intermediary service institutions to provide rental housing mediation service, it shall notify the lessor the rental registration formalities for housing, and bi-monthly through intermediary services entered into a lease agreement in this body submitted to the leased Housing Department of real estate, seat of the district administration.
    11th District real estate administrative departments shall, before the 5th of last month House lease contract registration and real estate intermediary service institutions to submit relevant information submitted to the Department of municipal real estate administration.
    12th municipal real estate administrative departments will be real estate administrative departments to submit rental registration and relevant information in order, before the 25th day of each month a copy of city public security organs, the municipal public security authorities published in the integrated management information system of the population.
    Published in the integrated management information system of the population's housing rental registration and related information, should be kept accurate, complete and up-to-date.
    Housing, tax, business, family planning administrative departments for management within the statutory terms of reference, is entitled to share in the integrated management information system of the population information and data.
    13th the lessor shall lease registration formalities in 10th after the lease tenant information registration with the local public security authority, and sign a security bond.
    Lessee is changed, the lessor shall apply for lease modification and cancellation of registration formalities within 10th rental housing tenant registration information changes with the local public security authority.
    Article 14th non-domicile in the city of lessee to leased premises for shelter, shall hold a lease for the record certificate to rental housing registration of temporary residence with the local public security authority.
    15th the lessor leased premises, shall take the rental registration certificates and other information to the tax authority for tax registration, where the rental housing, reporting and payment of tax.
    16th the lessee to leased premises, shall take the rental registration certificates and other information to the location of the rental housing industry and Commerce administrative departments for industry and commerce registration.
    Article 17th among the child-bearing population of non-residence in this city the lessee did not go through the marriage of the floating population to prove, shall, in accordance with the relevant provisions of the rental house is located in family planning administrative departments to handle the clearance procedures.
    18th the lessor when the lessee the lease contract registration formalities, you can also apply the provisions of article 13th, 14th, 15th, 16th, 17th of matters.
    Public security, housing, taxation, business management, family planning administrative departments should handle these matters, such as the legal basis, the processing conditions, procedures, deadlines, fees and the need to submit a list of all materials and applications demonstration text be publicized.
    19th article has following case one of of housing, shall not rental: (a) housing ownership has dispute of; (ii) no housing ownership card or other legal of ownership proved of; (three) belongs to illegal building of; (four) by housing security identification institutions identification belongs to dangerous housing, effect using security of; (five) not meet housing fire security standard of; (six) was law seized of; (seven) legal, and regulations provides shall not rental of other case. 20th article rental people should comply with following provides: (a) shall not to no legal effective identity proved of units and personal rental housing; (ii) found rental housing within or tenant people has suspected illegal crime behavior of, should timely to police organ report; (three) to childbearing age tenant people rental housing Shi should urged its comply with about family planning of policy regulations; found tenant people pregnancy or birth of, should timely to rental housing location of family planning administration sector, and
    The township (town) people's Governments or neighborhood offices reporting; (d) to assist non-residence in this city of lessee to lease temporary registration with the local public security authority; assist the administrative departments and township (town) people, neighborhood offices collect tenant information information given according to law; (e) to the relevant administrative departments according to law, lease management assistance. 21st article tenant people should comply with following provides: (a) provides legal effective of identity proved, truthfully fill in tenant people information registration form; (ii) according to housing planning uses, and structure, and fire security provides using housing, shall not unauthorized change rental housing using nature, or implementation other illegal construction behavior; (three) found rental housing within or with live personnel has suspected illegal crime behavior of, should timely to police organ report; (four) perform family planning obligations,
    The lessee shall accept the residence of childbearing age of family planning technical service guide (v) to the relevant administrative departments according to law, lease management assistance.
    22nd public security, real estate, tax, business, family planning, management, and other administrative departments shall, in accordance with their respective responsibilities, to strengthen the inspection of the rental.
    UN-Habitat (village), property management companies, the Committee should establish routine inspections system and assist the relevant administrative departments and township (town) people's Government, the subdistrict office leasing information collection work carried out, with the relevant administrative departments to check the rental within their respective jurisdictions.
    Article 23rd for violation of the provisions of the Act, People's Republic of China Public Security Administration Punishment Act and the People's Republic of China Law on tax collection and management and the leasing regulations, Zhejiang Province, Zhejiang Province, and the temporary regulation, the management of floating population's family planning in Zhejiang Province and other laws, rules and regulations on administrative penalties from its provisions. Real estate intermediary services in violation of the provisions of article 24th article tenth, was not in accordance with the regulations, through its intermediary services entered into a lease agreement submitted to the real estate administrative departments, be warned by the District real estate administrative departments, ordered to submit deadline; fails to submit, and fined 1000 Yuan more than 5000 Yuan fine.

    25th lessor violates the provisions of article 13th, not complying with the provisions of the lessee or change registration information registration, or not sign a security guarantee, the public security organ shall order the deadline completing the formalities, and punishable by a fine of 500 yuan in serious cases, ordered to stop the lease.
    26th lessee breaches the provisions of article 21st (a) provision, is not required to fill out the tenant information registration form, by the public security organs ordered to rectify, and punishable by a fine of 50 Yuan.
    27th public security, real estate, tax, commercial and Administrative Department on the management of family planning in accordance with their respective responsibilities, developed in accordance with the detailed rules for the implementation of the leasing management and reported to the municipality for approval.
                                                                                                                              28th article of the regulations come into force on January 1, 2007.