Nanjing Housing Lease Management

Original Language Title: 南京市房屋租赁管理办法

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(September 2, 2004 Nanjing City Government Executive Conference considered through September 10, 2004 Nanjing City Government makes No. 230, announced since November 1, 2004 up purposes) first chapter General first article for promoted housing rental market health development, specification housing rental market order, guarantees housing rental party of lawful rights and interests of, maintenance social security, according to People's Republic of China City real estate management method, and Jiangsu Province City real estate trading Management Ordinance, about legal, and regulations,
    This municipality actually, these measures are formulated. Second administrative area of the city within the leasing and management of activities in the application of this approach.
    Government pricing public rental housing, low-rent housing, this approach is not applicable.
    Housing rental should follow article legitimate, fair, voluntary and honest principles. Fourth Housing Authority rental housing in the city of Nanjing city administrative departments (hereinafter referred to as municipal rental housing management Department). District and County property management duties within their respective jurisdictions in accordance with regulations rental management.
    Town and subdistrict offices to assist lease administration good management of rental housing.
    Public security, land tax, business, financial, pricing, land Department shall, in accordance with their respective responsibilities, to do a rental management.
    Chapter lease terms and conditions mentioned in the fifth article of the measures for housing rental, refers to the delivery of the lessor will house the tenant use, benefits, by the lessee to the lessor in money or other form of payment. Sixth 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; (e) otherwise rent, sublet the housing in a disguised form.
    Seventh article has following case one of of housing, shall not rental: (a) not law made housing ownership certificate or other legal source proved of; (ii) ownership has dispute of; (three) total housing not made other total people written agreed of; (four) law was seized of; (five) by identification belongs to dangerous housing cannot continues to using of; (six) change housing uses, law must by about sector approved and without approved of; (seven) legal, and regulations provides ban rental of other case.
    Article eighth rental people should be legally obtained the ownership, operation and management of housing rights or other legal right to natural persons, legal persons or other organizations of the leased premises.
    Chapter Management section Nineth House renting, Parties shall sign a written lease contracts according to law.
    Tenth House leasing system of registration and filing.
    Signed, change or terminate the lease contract, the parties should be registered to the rental management.
    Sublet the Housing Authority, the Parties shall conclude a sublease contract in written form, and rental housing registration formalities. 11th article housing rental party should in rental contract signed Hou of 30th within, holding following file to housing rental management sector application handle registration record procedures: (a) housing ownership card or other legal source proved; (ii) housing rental contract; (three) party identity proved or subject qualification proved; (four) rental delegate escrow housing, also needed submitted delegate escrow people authorized rental of proved.
    Clients outside authorized rental certificate must be notarized in accordance with law; (e) sublet the housing, also required the consent of the lessor to sublet in writing; (f) a total of rental housing, still need to submit proof of the consent of the other co-owners for rent; (VII) rental housing within the farmer's homestead, Homestead certificate are required.
    12th house rental management departments shall, upon receiving the rental contract within 3 working days from the date of the registration application, to meet the conditions for registration, registration, and proof of registration of the lease; do not meet the conditions for registration, no registration, and shall state the reasons in writing.
    13th the lessor shall, within the 7th after the registration, the rental registration certificate of signed security responsibility with the rental housing the public security authorities at their place. 14th article rental people should bear following security responsibility: (a) on tenant people for registration, and check its identity documents, shall not will housing rental to no identity documents of personnel live; (ii) urged tenant of field to Ning personnel timely handle stay registration and apply for stay card; (three) found tenant people has illegal crime activities or suspected of, should timely report police organ, shall not shield, and condoned; (four) active assist police organ do fire, and anti-theft, and anti-security hidden of work,
    Find problems in time to report to the relevant authorities; (e) the regular security checks and maintaining the House, residential safety.
    15th to the lessor lessee shall provide proof of identity, a temporary residence permit in time, must not use the leased premises engaged in illegal and criminal activities.
    16th section lease management Department and the public security organ shall exchange house rental information in a timely manner, the public security organs in when checking the rental and found not to handle the leasing contract registration, shall promptly inform the rental management departments.
    17th subdistrict offices and neighborhood committees should assist in security management of the leased premises, according to rental housing distribution, organization units to set up mass organizations of management, establish and perfect the management network.
    18th rental management departments shall regularly or from time to time to check on housing rentals. Rental management staff to supervise the implementation of rental housing inspection, shall produce their certificates.
    House lease and property management and other relevant persons shall cooperate with and provide relevant information, not withholding or falsification.
    19th of municipal local taxation management, leasing, may entrust the management departments to collect the city's rental housing-related local taxes, delegate tax relations establishment, modification, termination should be offered to the public in a timely manner.
    Agent-sign in process, the party refused to pay taxes, or significantly lower than similar housing for rent, rent in the lease contract, rental management departments should be promptly reported to the tax authorities, by the tax authorities according to law.
    20th housing lessors must pay taxes according to law and shall issue a tax invoice produced by the Department to lessees.
    Article 21st-for-profit, home owners will be made by transfer of use right of State-owned rental housing built on the land, shall be paid in accordance with the relevant provisions of the State land annual rent.
    Fourth chapter management article 22nd of the leasing broker rental agency (hereinafter Agency), not brokerage agent not eligible for rental housing.
    Brokers receive when business is leasing, leasing contracts registration shall inform the parties of leasing filing procedures, and assist in the good management of rental housing.
    Article 23rd brokerage agency rental housing, rental agency contract with the owner or his agent, agency contract should clearly delegate the specifics of lease contract registration formalities and the responsible parties.
    Broker agent House leased to a lessee for use should the lessee entered into a lease agreement, lease contract should specify that the Housing Authority and the principal-agent relationship.
    24th when brokers engage in the leasing business, rent collection and payment entrustment agreement signed with the Bank through bank receipt and payment of rent may not be directly charged to the lessee.
    25th rental management departments should establish and improve the housing rental agencies in China and its credit profile. Fifth chapter penalty provisions article 26th lease fails to go through the registration formalities, handled by the lease management department ordered.
    Overdue management, residential lease can be fined 100 Yuan more than 1000 Yuan fines; more than 1000 Yuan for non-residential lease of less than 10000 Yuan fine.
    27th the lessor violates these measures article seventh will not be allowed to rent houses for rent, lease management rectification and fined 500 Yuan more than 2000 Yuan fine.
    28th leasing brokers agents not eligible for rental housing, and not engage in the leasing business through Bank collection, paying rent, lease management rectification, and fined 1000 Yuan more than 10000 fine.
    Article 29th of lease management and other specific administrative acts of the Administration, may apply for administrative reconsideration or bring an administrative suit.
    Article 30th on House tenancy administration neglects his duty, favoritism, given sanction by their work units or by the competent organs constitutes a crime, criminal responsibility shall be investigated according to law.
    The sixth chapter supplementary articles article 31st of the rental housing registration, and not as a basis for house ownership and compensation.
    32nd of municipal rental housing management Department may, jointly with relevant departments in accordance with the measures for implementation details.
                33rd article this way come into force November 1, 2004.