Advanced Search

Kunming Urban Housing Lease Management

Original Language Title: 昆明市城市房屋租赁管理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

(Summit No. 39 of the Decree No. 39 of 11 November 2002 by the Government of the Know City)

Article 1 regulates housing rental practices and guarantees the legitimate rights and interests of the owner of the house, in line with the relevant laws, regulations, such as the National People's Republic of China's Urban Property Management Act, the Quett City Territorial Industrial Property Exchange Regulation, and develops this approach in the light of my city practice.
Article II refers to buildings and constructions such as land houses, including homes, business houses, office premises and other premises.
The rental of homes means that the owner of the house or the occupants are authorized to rent their homes to the lessee, and the lessee pays rents to the lessee.
The rental of homes means part of the rented house or all repayments.
Article 3 units and individuals involved in house rental activities within the context of the urban planning area of the city should be subject to this approach.
The housing unit is not applicable to the housing of the housing unit, which is administered by the housing sector and is rented by the State organs, businesses, employees of the unit.
Article IV states that:
(i) The provision of homes in the name of joint ventures, contracting etc., to others, to gain the benefits and not to assume the difference in operating risks;
(ii) Planning management approval of the construction of temporary buildings for rent;
(iii) The rental of premises within the house to others for production, operation and operation;
(iv) In the name of borrowing, houses are made available to others as productive, operational, residential buildings and benefits.
Article 5. Housing rentals are governed by the Housing Leasing Certification Scheme, the Leasing Contracts Registration Reserve and the Annual Prosecution System.
Article 6 The executive authorities in the Eastern Sichuan Region are responsible for the management of housing rentals within the present administration.
The executive branch, such as the business, public safety, tax, prices and land resources, is working together to implement this approach in line with their respective responsibilities.
Article 7. The rental of homes relates to the allocation of land-use leases and shall be governed by the relevant provisions.
Article 8. When renting houses, the lessee shall apply to the Housing Authority for the processing of the Housing Leasure Certificates, and to the public security sector in the home location for the application of the Separation of Housing Orders.
Article 9. When a renter applies for the processing of a home lease certificate, the following documents shall be submitted to the municipal property management:
(i) Applications for rental housing;
(ii) The Homeowner's title certificate or valid documents supporting the ownership of the house;
(iii) The legal and effective identity documents of the lessor.
The rent has been granted mortgage homes and must also be submitted to the mortgage licensor's consent to the rent; the rental of a total number of homes must also be submitted to other co-located certificates; the rental of the escated houses must also be submitted to the author's authorization for rent.
Article 10 When a renter applies for the processing of the rental housing security permit, the following documents should be submitted to the public security sector in the house:
(i) “Application for rental housing claims”;
(ii) Housing rental certificates;
(iii) The legal and effective identity documents of the lessor.
Article 11 It was agreed that the issuance of the home lease certificate should be made nuclear; it was not agreed that the grounds should be justified by law.
Article 12 states that there shall be no rent:
(i) Failure to obtain a housing title certificate in accordance with the law or to prove that its property source is lawful;
(ii) The right is subject to controversy or limitations on property rights;
(iii) There is no consent of a shared house;
(iv) Contrary to chapter buildings;
(v) Non-compliance with safety standards;
(vi) The right to property has been granted a mortgage without the consent of the collateral;
(vii) Laws, regulations prohibiting rental.
Article 13, Housing Leasing, is a legal valid voucher of the lease, and cannot be forged, modified and transferred. The loss or damage of the home rental certificate should be added to the licensee.
The Housing Leasures Act introduces the annual inspection system, which is developed and organized by the municipal property management.
Article 14.
The parties to the lease shall, within 30 days of the date of the signing, modification, termination of the lease contract, process the registration of the registry by the municipal property management and submit the following material:
(i) Housing rental certificates;
(ii) Housing rental contracts;
(iii) Effective identity documents of the lessee.
Article 15 has one of the following cases and does not proceed with the registration of the lease contract:
(i) Authorized changes in the use of homes without approval by the relevant authorities;
(ii) The lease contract exceeds 20 years;
(iii) The content of the lease contract violates the relevant legal provisions.
Article 16, within three working days from the date of receipt of the registration request, the housing rentalee shall pay the royalties to the home in accordance with the provisions of the scheme, and shall respond to the applicant's claims in respect of the non-compliance with the provisions of this scheme.
Within 30 days from the date of the contract registration process, the lessee shall bring information, such as the Housing Leave and the Housing Rental contract, to the tax registry in accordance with the law. The rent was charged by the lessor with the use of a specialized invoice and the payment of taxes under the law.
Article 18 The lease party shall enter into a written contract by law. The lease contract shall have the following provisions:
(i) The name or name of the party and residence;
(ii) Sources of housing property rights, location, structure, refurbishment and facilities;
(iii) Leasing and lease period;
(iv) The date of delivery and the return of homes;
(v) The amount of rental and the manner of payment;
(vi) The responsibility for the use and maintenance of homes;
(vii) The agreement on the lease;
(viii) Changes and conditions for the removal of contracts;
(ix) Liability for default;
(x) The manner in which the contract dispute is resolved;
(xi) Other provisions agreed by the parties.
In the event of a dispute between a housing lease contract, the parties may consult themselves or, as agreed, apply to an arbitral institution for arbitration or to the People's Court in accordance with the law.
Article 20 consists of one of the actions of the lessor, the lessee has the right to lift the lease contract, resulting in losses and the liability of the lessor:
(i) The renter does not provide the lessee with a house as agreed by the contract;
(ii) The taxpayer does not meet the obligation of maintenance in a timely manner, as agreed by the contract;
(iii) The renter does not agree with the lessee to collect costs other than the contract agreement;
(iv) Other serious damage to the rights of the lessee.
Article 21, in one of the tenants, has the right to terminate the contract and to recover the house, resulting in loss and liability of the lessee:
(i) The transfer of rented homes to others;
(ii) Removal of leases or housing structures;
(iii) In arrears for rent exceeding the agreed period;
(iv) Serious harm to public interest and the rights of others.
Article 2, paragraph 2, must pay for default payments on the basis of the contract's agreement on the payment of rents.
Article 23. The lessee shall use a house and a subsidiary facility in accordance with a contract agreement and shall not allow for the removal, expansion and change of the use of the house. There is a need to obtain the consent of the lessor. Approval shall be submitted in accordance with the relevant authorities.
Article 24 must strictly observe the relevant national laws, regulations and regulations, and no lesson shall be used to take advantage of the licensee's probationary leave, prostitution, cascabo, drug trafficking, seizure, seizure and other criminal activities that endanger society.
Article 25. The lessor found that the lessor had used the renter to commit criminal activities in violation of the law, should stop or report promptly to the public security organs and should not be informed and provided with shelter, condonment, and concealment of criminals.
Article 26 shall not be transferred to a house where:
(i) No lesson written consent;
(ii) The contractor's arrears in the rent;
(iii) The tenant was self-established within the rented house;
(iv) No fixed-term rental housing.
Article 27 Contracting parties to the housing transfer shall be subject to a contract for the transfer of rents by law and shall proceed with the registration of the contract in accordance with article 14 of this scheme. The termination of the lease contract shall not exceed the date of termination of the original lease contract, except where the lessor has agreed with the parties to the lease.
The twenty-eighth lease contract was registered with the rights and obligations of the lender to the lease agreement and to perform the rights and obligations of the lessee under the original lease contract, with the exception of the lessor's agreement with the parties to the lease.
During the second lease period, the original lease contract changes, dismissals or terminations were followed by consequential changes, dismissals or terminations.
Article 36 of the scheme stipulates that the rent shall not be rented or the lessee shall not be transferred to the rented house in violation of article 12 of this scheme, and shall be subject to a fine of up to three thousand dollars in the city's property administration.
Article 31, in violation of article 8 of this approach, does not deal with the self-saving house of the Housing Leasure, which is to be completed by the municipal property administration, and is responsible for the cessation of the lease, confiscation of the proceeds of the violation and fines of the proceeds of the violation.
Unless the Licence of the Separation of Housing Orders has been carried out, it is up to the time limit of the public security authority and is subject to a warning or a fine of up to two hundred dollars.
Article 32, in violation of article 13 of the scheme, forfeiture, transfer of the home rental certificate or forbidden to participate in the annual inspection of the Housing Leasing Certificate, was collected by the municipal property administration, with the proceeds of the conflict and confiscated their proceeds of law; in serious circumstances, fined up to $20,000.
In violation of article 14, article 27 of this scheme, the registration of a lease contract or a transfer contract was not carried out by the commune property management for a period of time and was delayed by a fine of up to five thousand dollars, or the rental of its home lease certificate.
Article 34, in violation of article 17 of this scheme, is punishable by law by tax authorities. This constitutes an offence and is criminalized by law.
Article XV violates article 24 of the scheme by the lessee, using rented homes for criminal activities, and by law by public security authorities.
Article 36, in violation of article 25 of the scheme, found that the tenant had used a rented house to carry out criminal activities that were not stopped and were not reported to the public security authorities and that the public security authority could revoke its licence to rent houses and impose a fine of up to ten times the month of rent, but that the maximum amount should not exceed three million dollars.
Article 37 Abuse of authority, negligence, infrastructural fraud by property management staff in the management of housing rentals, is subject to administrative disposition by the unit or the parent authorities. The loss of the economy has been caused to the parties by law. Crime constituted criminal liability by law.
Article 338 is incompatible with the specific administrative conduct of the property management and may apply to administrative review or administrative proceedings in accordance with the law.
The parties did not apply for review of specific administrative acts, did not sue and did not perform them, and the executive authorities for specific administrative acts applied to the enforcement of the People's Court.
Article 39 of this approach has been implemented since 20 December 172. The Home Rental Management Scheme of Housing in the town of Knowledg has been repealed by the Government of the people of the former Know City.