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Zhengzhou Rental Management

Original Language Title: 郑州市城市房屋租赁管理办法

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(Adopted at the 5th ordinary meeting of the People's Government of the State of 29 June 2004, No. 137 of the Order of the Government of the State of Hygiene, 5 July 2004, which was published as from 1 September 2004)
Chapter I General
Article 1 provides for the development of this approach in the light of the National People's Republic of China's Urban Property Management Act, the Société Urban Housing Regulatory Regulation and other relevant laws, regulations, in order to strengthen the management of urban housing, the maintenance of the housing market order and the legitimate rights of the lease party.
Article 2, paragraph 1, refers to the rental of homes by citizens, legal persons or other organizations that have their ownership, the right to operate or other legitimate houses, together with their land within the scope of their occupation, to the rent of the lessee, and to the payment of rents by the lessee to the lessee and to the return of the home to the property at the time of the termination of the lease relationship.
Article 3 units and individuals involved in home rental activities in the city, the district (market), the urban planning area of the streets should be respected.
The introduction of public-prediced rental housing rentals does not apply.
The following acts are considered as rental of homes:
(i) The provision of housing only to be contracted by others;
(ii) The rental of the premises to others;
(iii) The rental of facilities, equipment within the house to other places;
(iv) The use of facilities, equipment, premises and premises in the form of joint battalions, entry units, etc., is provided with the use of others, only with fixed benefits and without liability;
(v) The nature of the use of hotels, restaurants and hospitality, and the rental of homes to other persons as operating premises for non-residents;
(vi) To make housing available to others in the form of wages, benefits, etc., which are financed by others;
(vii) Reimbursement to others in other ways.
Article 5 In the district (market), the Government's real estate management in the streets is responsible for the management of urban housing rentals within this administrative area.
The relevant sectors, such as public security, business, tax, value, finance and land, shall be governed by their respective responsibilities with respect to housing rental management.
Article 6. Housing rental shall be guided by the principles of voluntary, fair and genuine credit.
Chapter II Registration of leases
Article 7.
The establishment, change and termination of the home lease relationship shall be registered by the parties within 15 days of the date of the lease contract, modification, termination, with the following materials, documents to the city, the district (market) and the top-urban property administration:
(i) The identity or qualifications of the lessor and the lessee;
(ii) Home ownership certificates or other legal documents;
(iii) Leasing contracts;
(iv) Separation of a total of houses requires written evidence of the consent of others to rent;
(v) The renting of the house to be entrusted with a written certificate of the author's authorization for the rental of the house; the certificate of authorization for the rent must be made public in accordance with the law;
(vi) Other material or documents provided for in laws, regulations and regulations.
The lease of military houses is governed by the relevant provisions of the lease management of military property.
Article 8. Real estate management shall review and on-site nuclear tests within 10 working days from the date of receipt of the lease party registration material, in accordance with the provisions of this scheme, register and issue the housing lease certificate and communicate the registration status to the tax sector on a regular basis; and not register in accordance with the provisions of this scheme, the parties shall submit written replies.
The housing rental certificate shall not be charged with the work fee.
Article 9 states that there shall be no rent:
(i) No house ownership or home owner has not been granted the right to operate;
(ii) The judicial or administrative organs shall be determined by law and determine the seals;
(iii) A total of houses do not have the consent of others;
(iv) The right to ownership or use of homes is disputed;
(v) Dangerous homes or other major security features;
(vi) Intrusive buildings and temporary buildings exceeding deadlines;
(vii) Within the context of the publication of a home demolition announcement by law;
(viii) Laws, regulations and regulations prohibit other rental houses.
Article 10 is an effective voucher for housing rental management.
The renting of homes for productive and operational activities is a legitimate voucher of tenure. The rental of houses for residence shall be one of the vouchers for the suspension of population registration in the public security sector.
Contrarying, alteration, transfer and transfer of home leases are prohibited.
Article 11. The rent agreed by the lessor and the lessee in the contract shall be the actual payment of the rent actually paid by the lessee, and when the lease is registered, the parties shall not conceal if the real declaration of the lease price.
The renter and the lessee shall not be subject to an agreed rent outside the contract for the registration of the asset management.
Article 12 rents on State-owned land in which the right to use is to be allocated shall be paid to the State, in accordance with the relevant provisions of the State, the province and the city, to receive the proceeds of the land contained in the rent, to be received by the city, the district (commune) and the local property administration. The late payment was made, and every one day after the date of the receipt of a lag of 3 per 1,000 live.
The rent should be taxed in accordance with the law, and the tax is charged by the tax authorities or by a unit such as the management of property.
Article 13. The lessor may be surrendered in accordance with the contract agreement on the basis that the taxpayer cannot pay on time for objective reasons. The relevant tax fees paid by the lessee shall be payable.
Chapter III Rental contracts
Article 14.
Article 15. Housing rental contracts shall contain the following provisions:
(i) The name or name and address of the party;
(ii) The location, area, renovation and facilities of homes;
(iii) Leasing purposes;
(iv) The duration of the lease;
(v) Rental and delivery modalities;
(vi) Responsibilities for house repair;
(vii) The agreement on the lease;
(viii) Changes and conditions for the removal of contracts;
(ix) The breach of responsibility and the manner in which the dispute is resolved;
(x) Other provisions agreed by the parties.
Article 16 expires on rental contracts. The lessee will need to continue to rent, and the lease contract shall be negotiated with the lessor within a reasonable period of time prior to the expiration of the lease. The lease expires and the original lessee has a priority under the same conditions.
During the lease period, the transfer of home ownership by the lessor shall be communicated in writing to the lessee three months and, under the same conditions, the lessee has a priority to buy. The lessee renounces the purchase and the transfer of property rights shall continue to assume obligations and have the right, as agreed by the original lease contract.
The renter died within the lease period and his home owner should continue to perform the original lease contract. The lessee died within the lease period, and the person living jointly with his or her life may continue to do so.
The renter shall continue to perform the lease contract for the duration of the rental period, such as changes in the body and mergers.
Article 18 has one of the following cases, allowing for changes or lifting of the lease contract:
(i) In accordance with the law or contract agreement may modify or terminate the terms of the contract;
(ii) The contract cannot be continued owing to force majeure;
(iii) The parties' consensus.
The liability of the responsible party should be borne by the responsible party, in addition to the legal exemption of responsibility, owing to changes or the removal of the lease contract. Both sides have mistakes, resulting in losses and their respective responsibilities.
When a lease contract arises, the parties may consult to resolve; the reluctance to consult or consult does not exist, may be conciliationd by the real estate administration or, in accordance with the law, apply for arbitration or prosecution to the People's Court.
Chapter IV
Article 20 shall provide housing to the lessee by the time agreed upon in the lease contract and the area.
The lessor shall pay the lessee the default of the contract agreement on the contract without the time agreed upon by the lease contract, the provision of a house to the lessee or the provision of a house incompatible with the contract agreement; and the liability shall be borne by the lessee.
Article 21 rents shall be charged to the lessee by the lease contract. During the lease period, no lesson consent shall be given to the lessee and shall not be charged to the lessee for other expenses of the nature of the rent.
The rent was charged by the lessor and the collection of the stamps produced by the tax authorities should be opened. The lessor may refuse to pay the rent.
The second article, in which the renter is required to recover the house in advance, shall obtain the consent of the lessee and enter into written agreements. The liability should be borne by the lessee for loss of property.
Article 23 requires that the lessor shall enter into a written agreement with the lessee on matters such as the alteration, expansion or renovation of the house and the compensation for the loss of the lessee.
Article 24 is responsible for inspecting, repairing homes and their facilities to guarantee housing security. The liability should be borne in the event of the poor maintenance of homes and losses incurred by the lessee. Except as otherwise agreed in the lease contract.
The lessor has the right to oversee the use of homes by the lessee, but no interference or obstruct the normal and reasonable use of the renter.
Article 25. The lessee has one of the following acts, and the lessee may lift the lease contract:
(i) The use of houses for unlawful activities;
(ii) To change the housing structure or the agreed use;
(iii) The transfer of homes to third-persons by unauthorized means;
(iv) Other cases provided for by law, regulations.
Chapter V
Article 26 The lessee has the right to use the rented homes in accordance with the lease contract.
The lessee shall pay the rent to the lessee in accordance with the lease contract. The lessee did not deliver the rent at the agreed time and should pay the lessee the default payment of the contract agreement.
Article 28 is one of the following acts, and the lessee may lift the lease contract:
(i) The provision of housing to the lessee by contract;
(ii) To collect other costs other than the lease contract agreement to the lessee;
(iii) In breach of the provisions of which interfere or impede the normal and reasonable use of homes by the lessee;
(iv) No inspection, maintenance of homes and their facilities, in accordance with the responsibility agreed upon by the contract, affects the safety of the tenants.
Article 29 should protect and agree on reasonable use of homes in accordance with the lease contract without change in the structure of the house and the alteration, expansion of homes. The lessor is required to change the use of the house or the dressing, with the written consent of the lessor.
As a result of the fault of the lessee, the lessee should be responsible for repair or compensation.
During the lease period, the lessee shall continue to assume the obligation to pay rent without the consent of the lessee to suspend the use of the house. The parties agree otherwise.
During the lease period, the contractor may take the necessary emergency response measures to the security of the house, and immediately notify the lessor in writing, after notice, that the renter shall be repaired in a timely manner, without the timely maintenance of the house or the notice of the lessee, and that the renter may be repaired on its own behalf and the necessary costs are borne by the lessor.
Chapter VI Rental
Article 32, the lessee may, with the consent of the lessee, transfer the portion or all of the tenant to the third party.
Article 33 releasing houses, the transferee shall enter into a lease contract with the transferee and, in accordance with this approach, process the registration request.
The termination of the lease contract shall not exceed the date of the termination specified in the original lease contract, except where the lessor and the lessee otherwise agree.
Chapter VII Corporal punishment
Article XV, in violation of this approach, is punishable by municipal, district (market) and by the top-urban property management, according to the following provisions:
(i) In violation of article 9 of this scheme, for renting houses, forfeiture, forfeiture of proceeds of law, and for breach of subparagraphs (i), (ii), (iv) and (v) of article 9 of this scheme, the penalty shall be imposed by a fine of two times the proceeds of the violation;
(ii) Unregistered cases of rental or transfer of rented homes, which are closed for a period of time; pending unregistered cases, the lessee has been fined less than one kilometre of the paid rent;
(iii) In violation of article 10, paragraph 3, of the scheme, the write-off of housing rental certificates and confiscation of proceeds of conflict. Without the proceeds of the law, the rental of homes for residence is punishable by a fine of up to $50 million; the rental of homes for operation is fined by more than 5,000 dollars;
(iv) In violation of article 11, paragraph 1, of the present approach, the order is correct; in serious circumstances, it may be fined up to two times the total amount of the reported rent.
Article 33, paragraph 1, of the present approach stipulates that the period of time is not paid to the proceeds of the land and that the time limit is being changed to cover the proceeds of the land; the refusal to change is punishable by a fine not paid to the amount of the proceeds of the land.
Article 37 violates this approach and violates other laws, regulations and regulations and is punishable by the relevant authorities in accordance with other laws, regulations.
Article 338 interference by the owner and the person concerned, the obstruction of the exercise by the rental management of the property to perform their duties under the law, is punishable by the public security authorities in accordance with the Regulations on the Safety and Security of the People's Republic of China, and constitutes a criminal offence by the judiciary.
Article 39 Leasure management favours private fraud, corruption, bribery, and is subject to administrative disposal by the authorities concerned; in serious circumstances, constitutes a crime and is criminalized by the judiciary.
Chapter VIII
Article 40 On 18 September 1998, the Solemn Municipal Housing Rental Management Scheme (No. 68 of the People's Order No. 68) was abolished.