(August 2, 2005 Harbin municipal people's Government at the 40th Executive meeting on August 15, 2005 Harbin Government 133th, promulgated as of September 10, 2005) Chapter I General provisions article to regulate urban housing leasing and maintenance housing rental market, protect the legitimate rights and interests of housing lease, according to the People's Republic of China on urban real estate administration law and the regulations on the administration of the real estate market in Harbin and other relevant legal provisions and regulations,
This municipality actually, these measures are formulated.
Second planned urban areas, this approach applies to this city within the leasing and management of State-owned land.
Government pricing public rental housing, this approach is not applicable.
Housing rental should follow article equality and the principles of voluntariness, fairness and honesty.
Fourth of municipal housing rental management real estate administrative departments in charge of the city, and is responsible for the implementation of the measures.
Public security, industry and commerce, taxation and other related departments shall, in accordance with their respective responsibilities, responsible for the housing tenancy management.
Neighborhood Office is responsible for leasing information statistics and day-to-day management of residential lease Coordinator's work.
Chapter lease terms and conditions mentioned in the fifth article of the measures for housing rental, refers to the lessor to make housing available to the lessee, the lessee shall pay to the lessor the rent Act.
Has following case one of of, considered housing rental: (a) will housing to Associates, and contracting, and joint venture, and cooperation business, way provides to others using, not participation business, and made returns of; (ii) will housing to counter, and booth, way segmentation provides to others using, and made returns of; (three) will underground structures provides to others using, and made returns of.
Sixth housing may not rent under any of the following circumstances: (a) the housing ownership dispute; (b) there are houses without obtaining the written consent of the other co-owners and (iii) has been identified as a risk House and (iv) other circumstances as stipulated by laws and regulations shall not be leased. Article seventh rental housing real estate development enterprises, pre-sale permit shall be obtained before they can be.
Has handled the pre-sale of commercial housing may not advance rent.
Pre-lease referred to in the preceding paragraph of this article refers to real estate companies real estate investment according to law before they are completed, advances to the lessee agreed rental housing and receive a certain amount of advance. Third chapter rental contract eighth article housing rental party should made written rental contract, and contains Ming following main content: (a) party of name or name, and residence; (ii) housing is located locations, and area, and structure, and subsidiary facilities status; (three) rental uses; (four) rental term and housing delivered date; (five) rent amounts, and paid way and term; (six) housing using requirements and maintenance responsibility; (seven) housing returned Shi status; (eight) sublet of agreed; (nine)
Liability for breach; (j) dispute resolution (11) other matters agreed by the parties.
Municipal administration for industry and commerce shall jointly with the municipal real estate administrative departments make leasing contract demonstration text available for rental reference by the parties.
Nineth lease rent, lease negotiations.
Municipal real estate administrative departments shall, in accordance with the housing rental market rental price levels in newspapers, websites and other media regularly publish reference rent rental market price information. Article tenth during the lease, the lessor sells lease shall be 3 months advance written notice to the lessee, under the same conditions, the charterer shall have the preemptive right.
Ownership transfers to the non-lessee, assignee shall continue to perform the original contract of lease.
When the 11th rental home, the lessor shall inform the mortgagee will lease; leased houses as collateral, the lessor shall inform the mortgagee will lease, mortgage and notify the lessee.
12th house lease expiry, termination of the lease contract, the lessee needs to continue to lease shall be 3 months before the expiration of the term of the lease with the consent of the lessor agrees, and sign the lease contract.
13th House lease disputes can be resolved through consultation by the parties, can also apply for municipal real estate administrative departments or industrial and commercial administrative department to mediate through mediation, can apply for arbitration or a lawsuit.
Fourth chapter lease registration article 14th House leasing relations establishment, change, the Parties shall sign the lease contract within 30th of the municipal real estate administrative departments of the registration.
Lessor engaged in the leasing business, laws, rules and regulations of industry and commerce, tax registration provisions should, in accordance with the regulations.
15th article handle housing rental registration record, party should submitted following file: (a) housing ownership card or proved its ownership of other effective file; (ii) party identity proved or legal qualification proved; (three) housing rental contract; (four) rental total housing of, needed submitted other total people agreed rental of written proved; (five) rental delegate escrow housing of, needed submitted client authorized rental of legal effective proved.
Parties should be responsible to prove the authenticity.
16th real estate development enterprises renting real estate, shall be in accordance with the measures stipulated in article 14th and 15th the registration formalities.
17th municipal real estate administrative departments in receipt of rental housing registration within 5 working days from the filing date of the application, subject to this regulation, be registered; do not conform to these rules, shall not be registered, and reply in writing to the applicant.
18th City real estate administrative departments should be timely and public security, industry and commerce, taxation and other departments concerned Interworking rental information, and share information.
Article 19th when the lease for rental housing registration procedures shall faithfully reporting rental, not fraud.
Declare the rental charges lower housing rental market reference price, or rental and lease contract does not specify the agreed rent is uncertain, the municipal administrative authorities in accordance with the assessment of real estate prices to be determined.
Article 20th rental during any of the following circumstances the municipal real estate administrative departments shall cancel the registration formalities: (a) the declarations of inaccuracy; (b) the housing loss, (iii) housing a major security risk, is not suitable to continue to rent. 21st rental people should pay taxes according to law.
Taxes collected by the tax authorities or commissioned by the tax authorities on behalf of the Department of municipal real estate administration levy. Housing lease shall be paid in accordance with the provisions of the housing rental costs related to the management.
The lessor cannot pay on time, the lessee shall pay; the lessee pay can offset the rent.
22nd the lessee cannot use the lessee of houses engaged in illegal and criminal activities.
Lessor find rental houses engaged in illegal and criminal activities of the lessee, shall promptly report to the relevant authorities.
Article 23rd, real estate administrative departments should regularly or occasionally to conduct supervision and inspection on housing leases.
Leasing manager leasing, in the situation when conducting supervision and inspection, shall produce their certificates, leasing the Parties shall cooperate with and provide relevant materials, not withholding or falsification.
The fifth chapter of rental housing delivery, use and maintenance of 24th lessor housing delivery should be in accordance with the terms stipulated in the contract the lessee. Tenant lease contract shall be in accordance with the reasonable use of housing, and should comply with the relevant provisions of the housing and property management.
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. 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.
26th of the lessor to the lessee to use the housing situation for viewing, but should not affect the normal use of the lessee; viewing of the lessee to the lessor shall provide cooperation.
27th the lessor shall periodically for housing maintenance, housing under normal use conditions, the lessee find houses damaged, it shall notify the lessor to repair, the lessor shall promptly repair, but otherwise agreed in the lease contract, their agreement shall prevail. Lessor to the conservation and maintenance of housing, steps should be taken to reduce the impact on housing of the lessee.
The lessee shall coordinate with the conservation of the lessor.
28th sublease sublease sixth chapter refers to the tenant during the lease period by the written consent of the lessor, tenant housing parts or all of the rent Act.
Equated to sublet the following acts: (a) lease housing facilities or its subsidiary joint venture, joint venture, cooperation, or in other ways available to others to use, do not participate in the operation and gains; (b) tenant housing available to its independent corporate units.
A subtenant lease rent may not be. Article 29th sublease sublease contract shall be signed by the parties.
Within 30th of sublease contract, sublease the Parties shall, in accordance with the relevant provisions of the measures, real estate administrative departments to handle the registration formalities.
Article 30th sublet lease deadline agreed in this contract shall not exceed the lease contract the last lease date.
31st during the sublease, the lessee shall continue to perform the lease contract, lease and sublease unless otherwise agreed by the parties.
During the sublease, sublet and sublease the rights and obligations in accordance with the measures relating to rental and the provisions of the rights and obligations of the lessee. The seventh chapter legal liability
32nd article violation this approach has following case one of of, by city property administrative competent sector ordered corrected, and by following provides punishment: (a) violation this approach sixth article (a) (ii) (three) items provides, will shall not rental of housing rental of, on rental people sentenced 1000 Yuan above 5000 Yuan following of fine; (ii) violation this approach seventh article provides, pre rent housing not made housing pre-sale license or will has handle pre-sale of housing again line pre rent of,
Landlord fined 20,000 yuan and 50,000 yuan fine (iii) violated these measures stipulated in article 14th, 16th and 29th, no registration of the leased premises, more than 200 Yuan for residential lease of less than 1000 Yuan fine, more than 5000 Yuan for non-residential lease of less than 50,000 yuan fine.
33rd article violates other provisions of this approach by the relevant departments in accordance with the relevant provisions shall be punished.
34th City real estate administrative departments and their staff should be in accordance with statutory authority and procedures, regulatory and oversight responsibilities seriously, must not use the terms of reference of the favoritism.
Violations of the provisions of the preceding paragraph of this article, by the unit or by the competent authorities, impose administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
35th humiliates, beats rental management staff or obstructing its duties, in accordance with the People's Republic of China on public security administration punishments stipulated in the Ordinance constitutes a crime, criminal liability shall be investigated for their.
Article 36th refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
37th count of fine paper use and fine processing, in accordance with the relevant provisions of national and provincial executive.
Eighth chapter supplementary articles article 38th counties (cities) rental management, in accordance with the measures implemented.
39th International leasing, except otherwise prescribed by laws, regulations, and procedures apply.
40th article of the rules take effect on September 10, 2005.