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Harbin City Housing Management Measures

Original Language Title: 哈尔滨市城市房屋租赁管理办法

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(Summit 40th ordinary meeting of the Government of the Haskohama on 2 August 2005 to consider the adoption of the Decree No. 133 of 15 August 2005 on the People's Government Order No. 133 of 15 August 2005 on 10 September 2005)

Chapter I General
Article 1 establishes this approach in the light of the provisions of the National People's Republic of China's Urban Property Management Act and the relevant laws and regulations, such as the Urban Property Market Regulation of the city of Hara, in order to regulate the rental of urban homes, preserve the market order of the house and guarantee the legitimate rights and interests of the lease party.
Article 2, this approach applies to the rental and management of houses within the State's land area of the city's urban planning area.
Public housing rentals for government pricing are not applicable.
Article 3. Housing rental should be guided by the principles of equality, voluntary, fair and genuine credit.
Article IV governs the management of rental housing throughout the city and is responsible for the organization of the scheme.
Relevant managements such as public safety, business and tax should be responsible for the management of housing rentals, in accordance with their respective responsibilities.
The Street Office is responsible for statistics on rental information and for the day-to-day management of rental housing.
Chapter II
Article 5 of this scheme refers to the rental of houses to the lessee, which is paid by the lessee to the renter.
One of the following cases is considered as rental of homes:
(i) To make housing available to others, including through joint ventures, contracting, joint ventures and cooperative operations, without participation in the operation and gain benefits;
(ii) The separation of houses to other people, including the counter and the assessment of their benefits;
(iii) The construction of underground objects to the use of others and benefits.
Article 6 has no rental of houses:
(i) The right to housing is disputed;
(ii) A total number of homes do not obtain written consent from others;
(iii) Be identified as hazardous houses;
(iv) Laws, regulations stipulate that no other circumstances shall be rented.
Article 7. Real estate development of pre-supposed commodity premises shall be subject to a licence for the sale of commodity premises. The commodity premises that have been disposed of for sale shall not be subject to further leases.
Preservation of commodity premises as described in the previous paragraph refers to the unfinished completion of commodity buildings developed by real estate development enterprises in accordance with the law, the lease agreement was made to the lessee for the rental of commodity premises and the collection of a certain amount of advance payments.
Chapter III Rental contracts
Article 8. The lease party shall enter into a written lease contract with the following key elements:
(i) The name or name of the party, residence;
(ii) The location, area, structure and sub-standard facilities;
(iii) Leasing purposes;
(iv) The period of rental and the date of delivery of homes;
(v) The amount of rent, the manner and duration of payments;
(vi) The responsibility for the use and maintenance of homes;
(vii) The return of homes;
(viii) The agreement on the lease;
(ix) Liability for default;
(x) Dispute settlement;
(xi) Other matters agreed by the parties.
The municipal business administration sector should prepare model text of a housing lease contract with the municipal housing administration authorities for use by the leaser.
Article 9 rents for rental housing are determined in consultation with the leaser.
The municipal housing administration authorities should publish regular rent market reference information on rental prices in the media, such as newspapers, sites, based on the level of rents in the home rental market.
During the lease period, the renter was sold to the rented house, which should be given a written notice of the lessee three months in advance and, under the same conditions, the lessee had a priority right to buy. The transfer of home ownership to a non-signee shall continue to perform the original lease contract.
Article 11. When the rent has been mortgaged, the lessor shall communicate the lease to the mortgagee; when the rented house is mortgaged, the lessee shall communicate the lease to the mortgage and inform the lessee of the mortgage.
Article 12 expires on the rental contract, the termination of the lease contract and the need for the tenant to continue to rent, with the consent of the lessee three months before the expiry of the lease period and the re-establishment of the lease contract.
Article 13 Disputes in the rental of homes may be resolved by the parties in consultation, or may apply for conciliation by the municipal property administration or the business administration sector; consultations on mediation are incompatible and may apply for arbitration or for prosecution by the people's courts in accordance with the law.
Chapter IV Leave registration
Article 14. The establishment and modification of the property lease relationship shall be registered by the parties from within 30 days of the date of the lease contract to the municipal property administration.
The renter engages in home rental activities, and the laws, regulations and regulations stipulate that commercial, tax registrations should be made in accordance with the provisions.
Article 15. The registration of a house rental registry shall be submitted by the parties to the following documents:
(i) A housing title certificate or other effective documents that demonstrate its rights;
(ii) The identity of the parties or the legal qualifications certificate;
(iii) Housing rental contracts;
(iv) The rental of a total of houses requires written evidence of the agreement of other commons to rent;
(v) The rent is granted to the escrowded house, which is required to submit a legitimate valid certificate of the author's authorization to rent.
The parties should be accountable for the authenticity of the evidence.
Article 16
Article 17
Article 18
Article 19, when the lease party conducts a home lease registration process, it should not be left to leave if the actual declaration is made.
The declared rent is significantly lower than the rental market reference price, or the lease contract does not agree on rents and the agreed rent is unknown, and the municipal property administration is determined in accordance with the assessment price.
Article 20 provides for one of the following cases during the rental period, and the municipal property administration authorities shall write the registration clearance process:
(i) The non-removable material;
(ii) The loss of homes;
(iii) The presence of significant security features in homes is not suitable for continuing rent.
Article 21 Taxes shall be taxed by law. The tax is charged by the tax administration or is also charged by the tax authorities by the municipal property administration.
The owner of the home lease shall pay the related costs for the management of the rent. The renter cannot pay on time and the lessee shall be surrendered; the lessee shall pay the rent.
Article 2 does not allow the tenant to use the rented homes to commit criminal activities.
The renter found that the lessor had used rental houses to carry out criminal activities in violation of the law and should report to the relevant sectors in a timely manner.
Article 23 of the commune property administration should monitor the rental of homes either on a regular or on a regular basis.
When house rental management conducts oversight inspections of housing leases, law enforcement documents should be presented, the owner of the house should cooperate and, if any, the material provided does not conceal or leave.
Chapter V Delivering, Use and Maintenance of rented homes
Article 24 shall extend the home to the lessee in accordance with the contract agreement period.
The lessee shall use the house in accordance with the agreed purpose of the lease contract and shall comply with the provisions relating to the use and management of the house. The lessee needs to change the use of the house, with the consent of the lessee in writing, which is subject to approval by the relevant sector by law and shall be authorized by the lessor or the lessor.
Article 25 provides for the construction of houses by tenants or the establishment of additional subsidiary facilities, with the consent of the lessee in writing. The additional subsidiary facilities should be determined by the lease party in consultation with respect to the responsibility for belonging and maintenance, which is subject to approval by the relevant sector by law and shall be authorized by the lessor or the lessor.
Article 26 renters can check the use of homes by the lessee, but shall not affect the normal use of homes by the lessee; the tenor shall cooperate with the inspection of the lessee.
Article 27 shall be preserved on a regular basis by the renter, in order to keep the house in a normal position of use, the lessee finds that the damage to the house should be restored by the taxor and the renter shall be repaired in a timely manner, but the lease contract is otherwise agreed and agreed upon.
In the case of renter conservation and maintenance of homes, measures should be taken to reduce the impact on the use of homes by the lessee. The lessee shall cooperate with the conservation of the lessor.
Chapter VI Rental
Article twenty-eighth rents refer to the part of the tenant's rented house or to all relocated, after the contractor's written consent.
The following acts are as follows:
(i) The rented homes or their subsidiary facilities are to be used by other persons, including through joint ventures, joint ventures, cooperation, and are not involved in the operation and receive benefits;
(ii) The rented house shall be paid to its independent corporate unit.
The transferee shall not rent the rent.
Article 29 releasing the home shall enter into a housing lease contract. Within 30 days after the signing of the lease contract, the transferee shall, in accordance with the relevant provisions of this approach, proceed with the registration of the registry to the municipal housing administration authorities.
The final time limit for the period of the lease agreed to in the lease contract shall not exceed the final date agreed upon in the lease contract.
During the period of home transfer, the lessee should continue to perform the lease contract, with the exception of the other agreement between the lessor and the transferee.
During the rental period, the rights of the transferee and the transferee, the obligation to refer to the provisions of the scheme relating to the rights and obligations of the lessor and the lessee.
Chapter VII Legal responsibility
Article 32 violates one of the following cases, which is being restructured by the administrative authorities of the city's properties and punished by:
(i) In violation of article 6 (i) (ii) (iii) of this scheme, the rental of rented houses shall be fined to more than 5,000 dollars for the lessee;
(ii) In violation of article 7 of this scheme, the tenant was fined by over 50,000 yen to the lessee by the lessee of the less than 500,000 dollars of the renter without a licence for the sale of commodity premises or for the reservoir of the commodity premises that had been disposed of;
(iii) In violation of article 14, article 16, article 29 and article 29 of this scheme, the rental of homes is not registered, with the imposition of a fine of up to €200 million for the rental of the home and a fine of up to 5,000 for non-residents.
Article 33, in violation of other provisions of this approach, is punishable by the relevant authorities in accordance with the relevant provisions.
Article 34 of the commune property administration and its staff should perform their statutory regulatory and oversight responsibilities carefully, in accordance with the statutory competence and procedures, without taking advantage of the authority to favour private fraud.
In violation of the provisions of this article, administrative disposal is granted by the unit of the institution or by the superior authority, which constitutes an offence and is criminally prosecuted by law.
Article 33 XV humiliates, battered house rental management staff or obstructs the exercise of their official duties, in accordance with the provisions of the National People's Republic of China Regulation on the Safety and Security of the People's Republic of China, which constitutes an offence, and prosecutes them in accordance with the law.
Article 36 does not determine administrative penalties and may apply for administrative review or administrative proceedings in accordance with the law.
The use of fines and the treatment of fines are carried out in accordance with the relevant provisions of the State and the province.
Chapter VIII
Article 338 (market) house rental management is implemented in the light of this approach.
Article 39 deals with rental housing, with the application of this approach, in addition to the provisions of the law, legislation and regulations.
Article 40