Xuzhou Municipal People's Government To Amend The Decision Of The Housing Lease Management In Xuzhou City

Original Language Title: 徐州市人民政府关于修改《徐州市城市房屋租赁管理办法》的决定

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(July 14, 1998 50th order, Xuzhou city people's Government announced April 7, 2004 revised May 11, 2005, Xuzhou city people's Government, the 45th Executive Meeting May 13, 2005 106th order promulgated by the people's Governments of Xuzhou as of June 15, 2005), delete the second paragraph, article Nineth and tenth, 20th, 21st, 24th.
    Second, paragraph two of article III: public security, industry and commerce, tax, fiscal, price, land and home departments shall, in accordance with their respective responsibilities, to work closely with functions into full play and good management of rental housing.
    Subdistrict offices and neighborhood committees should assist in security management of the leased premises.
    Third and fourth adjustment to the second paragraph of article. Four, and fourth article modified for: "has following case one of of, should into housing rental management: (a) to Associates, and contracting, name provides housing to others using, made fixed Returns or into income and not bear business risk of; (ii) to counter, and booth, way will housing segmentation provides to others using, by using people paid about pricing gold of; (three) hotel (hostels, and hotel, and hotel, and Guest House,) will its rooms or other housing provides to others as fixed Office or business places, And by the industrial and commercial registration as a registered address, pay about pricing by using payment; (d) to make housing available to others to use, users pay about pricing of gold; (v) Government pricing of public housing will be provided for others to use, users pay about pricing of gold; (vi) otherwise rent, sublet the housing in a disguised form. "Five, and seventh article first paragraph increased four items:" (four) rental delegate escrow housing, also should submitted delegate escrow people authorized rental of proved; (five) sublet housing of, also should submitted rental people agreed sublet of written views; (six) rental total housing of, also should submitted other total people agreed rental of proved; (seven) rental has mortgage of housing, also should submitted mortgage right people agreed rental of proved. "The second paragraph is added:" real estate management departments shall, upon receiving the rental registration within 3 working days from the date of filing the application, to meet the conditions for registration, registration, and proof of the rental housing registration; do not meet the conditions for registration, shall not be registered, and to state the reason in writing. "Six, 13th section (a), (b), (c), and as the 12th of a second paragraph, is amended as:" housing the lessor shall not be rented to undocumented and live planning application permit foreign transient population of married women of childbearing age. "Seven, the 11th article is added:" housing the lessor must pay taxes according to law, lease contracts rent was significantly lower than that of similar housing market rents, by tax authorities according to law. "Eight, add a 12th:" real estate management Department and the tax Department, administration for industry and commerce, public security organs and relevant management leasing communications system should be established. Department for industry and commerce business license, tax department to handle tax registration certificate, public security organs in handling when the temporary registration or a temporary residence permit, production, business, place of residence for rental housing, shall examine the rental registration certificate issued by the property management Department. "Nine, to add a 13th:" engaged in housing rental agencies accept when business is leasing, leasing contracts registration shall inform the parties of leasing filing procedures, and assist in the good management of rental housing. "Ten, add a 20th:" lease not registered according to the provisions of these measures, by the city and County (City) and jiawang District ordered to handle the property management sector. Overdue management, residential lease can be fined a maximum of 100 Yuan and 500 Yuan; for non-residential lease penalty of between 500 Yuan more than 5000 Yuan. "Cheung added 21st:" disobey fifth paragraph (e) provides that hazardous rental, outside in addition to revoke rental housing registration, and fined a maximum of between 5000 and 1000 Yuan.
    "In addition, the expression of some provisions be revised and provisions in order to make the appropriate adjustments.
    This decision shall take effect on June 15, 2005.

    The Xuzhou city housing lease management, corresponding amendments shall be made according to this decision, republished. Xuzhou city housing lease management (amended 2005) (July 14, 1998 in Xuzhou city people's Government released 50th order, revised on April 7, 2004, May 13, 2005, the urban housing, Xuzhou Xuzhou municipal people's Government to amend lease management revision of the decision) first to strengthen the city lease management, standardized housing lease market order and protecting the legitimate rights and interests of the rental, maintenance of public order, in accordance with the
    People's Republic of China on urban real estate administration law, the urban real estate management in Xuzhou city Ordinance and other laws and regulations, combined with the city's actual, these measures are formulated.
    Second approach applied to urban planning area within the administrative area of the city within the leasing. Citizens, legal persons or other organizations to the ownership of houses or State authorized management and management of the premises and its facilities for rental to others living or provide to others engaged in business activities shall abide by these measures.
    National, provincial and municipal rental for public housing otherwise provides, from its provisions.
    Article city and County (City) and jiawang District real estate management Department is the Administrative Department of urban housing leasing.
    Public security, industry and commerce, tax, fiscal, price, land and home departments shall, in accordance with their respective responsibilities, to work closely with functions into full play and good management of rental housing.
    Subdistrict offices and neighborhood committees should assist in security management of the leased premises. Fourth article has following case one of of, should into housing rental management: (a) to Associates, and contracting, name provides housing to others using, made fixed Returns or into income and not bear business risk of; (ii) to counter, and booth, way will housing segmentation provides to others using, by using people paid about pricing gold of; (three) hotel (hostels, and hotel, and hotel, and Guest House,) will its rooms or other housing provides to others as fixed Office or business places, and by business registration for registered address,
    Users pay about pricing of gold; (d) to make housing available to others to use, users pay about pricing of gold; (v) Government pricing of public housing will be provided for others to use, users pay about pricing of gold; (vi) otherwise rent, sublet the housing in a disguised form. Fifth article housing has following case one of of, shall not rental: (a) not law made real estate ownership documents of; (ii) without housing ownership people authorized of; (three) ownership has dispute of; (four) total housing not made other total people written agreed of; (five) by property management sector identification belongs to dangerous housing of; (six) has mortgage of housing, without mortgage right people written agreed of; (seven) by judicial organ, and administrative organ law ruled, and decided, be seized or to other form limit real estate right of; (eight
    ) Laws and regulations prohibit other houses for rent.
    Article sixth rental system of registration and filing.
    Rental contract in the 30th after the lease contract shall be in writing by the parties, to apply to the real estate management Department, where the housing register. Seventh article application housing rental registration record, party should submitted following material: (a) housing ownership card or other legal of ownership proved; (ii) housing rental contract; (three) legal of identity proved; (four) rental delegate escrow housing, also should submitted delegate escrow people authorized rental of proved; (five) sublet housing of, also should submitted rental people agreed sublet of written views; (six) rental total housing of, also should submitted other total people agreed rental of proved; (seven) rental has mortgage of housing,
    Shall submit the consent of rental certificate.
    Property management departments shall, upon receiving the rental within 3 working days from the date of the registration application, to meet the conditions for registration, registration, and proof of the rental housing registration; do not meet the conditions for registration, shall not be registered, and to state the reason in writing.
    During the eighth House lease, property rights transfer, the changes in the housing area, change the lessee (or unit) name and altering the housing situation, leasing the Parties shall take the rental registration certificate and a lease agreement, actual changes in the 15th, apply for registration of change to real estate management.
    Termination of lease, lease termination to the property management Department apply for cancellation of the registration within the 5th.
    Nineth article has following case one of of, property management sector can revoked housing rental registration record: (a) rental of housing has this approach fifth article provides case one of of; (ii) rental both party submitted of handle rental registration record of proved material not real of; (three) rental both party not truthfully declared rental price of; (four) legal, and regulations, and regulations provides of other can revoked of case.
    Article tenth foreign temporary rental housing, the lessor shall rent the House is located in the 10th police station after registration.
    Housing rental shall not be rented to undocumented and live planning application permit foreign transient population of married women of childbearing age.
    11th housing lessors must pay taxes according to law, lease contracts rent was significantly lower than that of similar housing market rents, by tax authorities according to law.
    12th property management Department and the tax Department, administration for industry and commerce, public security organs and relevant management leasing communications system should be established. Department for industry and commerce business license, tax department to handle tax registration certificate, public security organs in handling when the temporary registration or a temporary residence permit, production, business, place of residence for rental housing, shall examine the rental registration certificate issued by the property management Department.

    13th engaged in housing rental agencies accept when business is leasing, leasing contracts registration shall inform the parties of leasing filing procedures, and assist in the good management of rental housing.
    14th article housing rental both party should law signed written rental contract, rental contract should has following main terms: (a) party name (or units name) and the residence; (ii) housing of is located address, and area, and between number; (three) rental uses; (four) rental term; (five) rent and the delivered way; (six) housing repair responsibility; (seven) sublet of agreed; (eight) both of right and obligations; (nine) default responsibility; (10) disputes solution of way;
    (11) other provisions deemed necessary to agree upon by the parties. 15th lease expires, the termination of the lease contract, the lessee needs to continue to lease, should be submitted three months before the expiry of the term of the lease, and the consent of the lessor, to sign the lease contract.
    Otherwise agreed by the parties, their agreement shall prevail.
    16th section lease term, the lessor transfers ownership of housing, housing the assignee shall continue to perform the original lease contract.
    Death of lessor during the term of lease, his successor should continue to perform the original lease contract. 17th the lessee with the consent the consent of the lessor, tenant House sublet all or part of, a subtenant and the subtenant lease contract shall be entered into separate, rental registration and filing procedures.
    Sublease contract expiry date shall not exceed the expiry date of the original lease contract, sublets and houses on both sides except as otherwise agreed by the owner.
    18th under any of the following circumstances may modify or terminate the contract: (a) if both parties agree through consultation, and without violating the relevant provisions; (b) the contract could not be continued due to force majeure, (iii) the other party to perform the contract within the time limit agreed in the contract. Article 19th when the lease contract dispute, the parties can be settled through negotiation or mediation. Parties through consultation or negotiation, mediation, can be based on an arbitration clause in a contract or a written arbitration agreement reached afterwards, apply for arbitration to the arbitration body.
    If no arbitration clause in the contract, without a written arbitration agreement reached afterwards, you can bring a lawsuit. Article 20th lease not registered according to the provisions of these measures, by the city and County (City) and jiawang District ordered to handle the property management sector.
    Overdue management, residential lease can be fined a maximum of 100 Yuan and 500 Yuan; for non-residential lease penalty of between 500 Yuan more than 5000 Yuan.
    21st article violates this article fifth paragraph (e) provides that hazardous rental, outside in addition to revoke rental housing registration, and fined a maximum of between 5000 and 1000 Yuan.
    22nd on an administrative punishment is dissatisfied, he may apply for administrative reconsideration or bring an action, if no application for reconsideration or sue, nor performs the decision of administrative penalty, made the decision to apply to the people's Court for compulsory execution.
    23rd neglects his duty or engages in the property management sector, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law. 24th article this way come into force on the date of promulgation.
                                                          Rental management, Xuzhou Xuzhou city people's Government released on October 25, 1990, the interim measures be repealed simultaneously.

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