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Shanghai Municipal People's Government On The Revision Of The Shanghai Municipal Housing Lease Management Decisions

Original Language Title: 上海市人民政府关于修改《上海市居住房屋租赁管理办法》的决定

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Decision of the Government of the Shanghai City to amend the housing rental management scheme in the Shanghai City

(Adopted by the 42th ordinary meeting of the Shanghai Municipal Government on 24 March 2014, No. 15 of the Shanghai People's Government Order No. 15 of 24 March 2014)

The Government of the Shanghai City has decided to amend the scheme for rental housing in the city as follows:

Paragraphs Page

The rented homes and their subsidiary facilities should be in line with standards and requirements in the areas of firefighting, policing, disaster prevention, health and the necessary living conditions, such as water supply, electricity.

In one of the following cases, there shall be no rent:

(i) Be in violation of the construction;

(ii) Be identified as hazardous houses;

(iii) To modify the nature of the use of homes in violation of the provisions;

(iv) Other circumstances where the law, regulations and regulations do not rent.

Article 10, paragraph 1, was amended to read:

The number of residences in each room shall not exceed 2 persons (with the exception of statutory maintenance, maintenance, dependency obligations), and the living area shall not exceed 5 square meters.

Article 11, paragraph 1, was amended to read:

The pooling of rented homes for the rest of their homes, which reach more than 10 or more than 15 inhabitants of rented homes, should establish a management system to clarify management responsibilities, establish information registers or registration systems, and send relevant registration information back to the public security sector.

Article 23, paragraph 1,

The renter of the house should sign the Security Responsibility Guarantee with the Public Security dispatch.

Add a article as article 31:

In violation of article 8, paragraph 1, of the present approach, rental houses are not in accordance with the standards and requirements of security, firefighting, and are subject to a fine of more than 1000.

In violation of article 11, paragraph 1, of the present approach, the renter has not complied with the corresponding security management responsibilities, which is rectified by the public security sector and punishable by a fine of more than 3,000 dollars; and severe consequences are fined by over 3,000 yen.

The leaser, the resident person, in violation of other security management, the residence registration management, is dealt with by the public security sector in accordance with the relevant provisions.

Article 31 was amended to read as follows:

In violation of article 9, article 10, paragraph 1, of this scheme, the minimum rental unit, the limitation of residence and the minimum per capita rental area are converted to the time limit of the responsibilities of the responsibilities of the district, district housing administration, and the impossibility of the late replacement could be fined by more than 10,000 dollars.

Article 31 quater, as amended, reads as follows:

In violation of article 25, paragraph 2, of the scheme, property brokers and brokers are incompatible with the residence rental operation under this scheme, which is converted to a period of time by district, district housing administration, and the suspension of the online reserve of the property broker institution; the uncorrected fine of more than 1,000 dollars for real estate brokers, the removal of online qualifications for property brokers and the imposition of a fine of over 30,000 yen.

Delete former article 35.

In addition, the order of part of the text and provisions is adjusted accordingly in accordance with this decision. This decision has been implemented effective 1 May 2014. The Home Rental Management Scheme in the Shanghai City has been released in accordance with this decision.

Housing rental management approach in the sea City

(Act No. 68 of the Supreme People's Government Order No. 68 of 7 July 2011, amended and re-issued in accordance with the Decision of the Government of the Shanghai City of 24 March 2014.

Article 1

In order to strengthen housing rental management in the city, regulate housing rental practices, protect the legitimate rights and interests of the owner of the home rental market and promote the health development of the home rental market, in accordance with the People's Republic of China contract law, the National People's Republic of China Urban Property Management Act, the Shanghai Housing Leasing Regulation and other relevant laws, regulations and regulations, and develop this approach in conjunction with the practice of this city.

Article 2

This approach applies to the rental of residential homes within the city's administration and its related oversight management activities.

Article 3 (Definition)

The rental of residential homes referred to in this scheme refers to the payment of rents by the lessor to the tenant's residence and the payment by the lessee in accordance with the rental standard established by the parties.

Article 4 (Principles)

Housing rental should be guided by the principles of equality, voluntary, legitimate and genuine credit.

The city encourages and supports the establishment of long-term and stable housing lease relations among the tenant.

Article 5 (Management)

The municipal housing administration is the administrative authority that resides in the city. The sector, the district housing administration sector is responsible for the management of specific supervision of housing rentals within the Territory, which is operationally led by the municipal housing administration.

The public security sector is responsible for the management of the security, fire management and residence of the lease party residing in the home.

The executive branch of the Ministry of Industry and Industry, Health, Quality Technician, Food Drugs Monitoring, and Broadcasts are responsible for the identification of unauthorized operations using rental housing.

The administrations such as tax, civil affairs, population counts, construction and planning in the city are in line with their respective responsibilities.

Article 6

Regional, district and local governments should incorporate housing rental management into the area of community integrated management. The communes, the communes or the street offices should be responsible for coordinating and dealing with housing rental services and disputes within the Territory and for the registration of residential housing rental contracts (hereinafter referred to as rental contracts).

The Residential Commission or the Village National Commission should assist in the management of housing housing rentals, and the supervision of the tenant of the residence house to comply with the provisions of the State and the city relating to housing rental management.

Article 7

The renter of the house should be the owner of the property right granted by law or other legal rights, as well as other rights under the law, regulations and regulations.

The lessee of the residence house may be a natural, legal or other organization outside the territory, but the law, legislation and regulations otherwise provide for its provisions.

The lessor shall not rent the home to natural persons who cannot provide identification documents, legal persons and other organizations that cannot provide a business licence or other approval documents.

Article 8

The rented homes and their subsidiary facilities should be in line with standards and requirements in the areas of firefighting, policing, disaster prevention, health and the necessary living conditions, such as water supply, electricity.

In one of the following cases, there shall be no rent:

(i) Be in violation of the construction;

(ii) Be identified as hazardous houses;

(iii) To modify the nature of the use of homes in violation of the provisions;

(iv) Other circumstances where the law, regulations and regulations do not rent.

Article 9

The renting of homes should be the lowest rental unit in one of the original designs for a residential space, and no post-construction rental shall be exempted from bed rental.

The original design is not to rent for personal residence in other spaces, such as kitchen, health, positive and underground storage rooms.

Article 10

The number of residences in each room shall not exceed 2 persons (with the exception of statutory maintenance, maintenance, dependency obligations), and the living area shall not exceed 5 square meters.

The area of residence referred to in the previous paragraph refers to the area of use of the original design of a room for residence space.

Article 11

The pooling of rented homes for the rest of their homes, which reach more than 10 or more than 15 inhabitants of rented homes, should establish a management system to clarify management responsibilities, establish information registers or registration systems, and send relevant registration information back to the public security sector.

The residence house in the area shall not be rented as a collective accommodation of the unit.

Article 12

The rental of homes shall be subject to a written lease contract by law. The lease contract includes the following main elements:

(i) The name of the leaser (including the person living), the type and number of residences, valid identification documents;

(ii) The situation of house accommodation, area, structure, subsidiary facilities and equipment;

(iii) Leasing purposes;

(iv) The date of delivery of homes;

(v) The duration of the lease and the extension of the lease;

(vi) Rental standards, manner and duration;

(vii) The payment of royalties and utilities such as water, electricity, coal, communications;

(viii) The responsibility for the use and maintenance of homes;

(ix) The return of homes;

(x) A breach of responsibility and dispute resolution;

(xi) Other elements of the lease agreement.

The municipal housing administration and the municipal business administration sector should develop model versions of the lease contracts and be open on the Government website.

Article 13

Within 30 days after the lease contract was entered into, the lease party should be allowed to proceed with the lease contract registration case at the community service centre at the rented house, but the lease contract was entered into by the real estate brokers and registered by the property broker agency for the processing of the lease contract.

The content of the lease contract registration file has changed, the lease or the termination of the lease relationship, and the lease party shall, within 30 days, proceed with changes in the lease contract registration request in the original registry.

Article 14.

The municipal housing administration sector should promote the construction of the rental contract registration information system, the introduction of online registration clearances and the integration of the property market information system.

Article 15. Rental

The rental standard for the rental of the home was agreed by the leaser in the lease contract. The lessee shall pay the rent on time in accordance with the lease contract agreement.

The housing rental period is one year or less than one year, and the lease party should agree on a one-time rent standard in the lease contract; the lease period is more than one year and only one rental standard is adjusted annually. However, the lease contract has been adjusted by another agreement, which is agreed upon.

During the lease contract, the lessor shall not unilaterally raise the standard of rent.

The renters may consult on the adjustment of the rental standards in accordance with the requirements of the lessee or the establishment of additional subsidiary facilities, equipment.

Article 16

The renter may receive the rental guarantee to the lessee in accordance with the amount agreed upon in the lease contract; the lease guarantee shall not exceed two months' rent.

Article 17

The lessee may transfer the rented homes in accordance with the agreement of the lease contract; unanimarily, the tenant shall have prior written consent of the lessor.

The rental of residential homes shall be in accordance with the provisions of articles 8, 9 and 10 of this scheme.

In violation of paragraph 1, paragraph 2, of this article, the transferee may lift the lease contract, recover homes and claim damages for loss.

Rentals of residential homes should be made in accordance with Article 12, Article 13 of this approach, and the registration clearance.

After the relocation of the home, the lessee may no longer be living, and the lease contract may be cancelled in consultation with the lessor, directly with the lessor.

Article 18 (continued)

The residence house continued to rent after the expiry of the lease period, and the lessee enjoyed priority rights under the same conditions.

The lease contract has been agreed upon with the extension. Without agreement, the lessor shall not continue to rent and shall notify the lessee for one month prior to the expiration of the lease period; the original lease contract has continued to be in effect without a notice of one month prior to the expiration of the lease, but the lease period is not fixed.

The lessor proposes that the non-recurrent lease contract, as set out in the preceding paragraph, should be communicated to the lessee in writing at least one month.

Article 19

During the rental period, the new home owner should continue to perform the original lease contract without requiring the termination of the lease contract on the basis of the transfer of home ownership.

Article 20

During the rental of homes, the renter shall notify the lessee in advance of the period under the lease contract agreement; the lessee shall notify the lessee at least three months in advance and the lessee shall have priority purchasing power under the same conditions. The lessee did not make a clear statement of the purchase within 15 days of receipt of the notice as giving priority to the right to purchase.

The sale of homes by the lessor should be held in consultation with the lessee on the contents of the sale of homes that require the time to be seen on the ground, without prejudice to the normal use of the house by the lessee.

Article 21

The tenant was killed during the rental of the house and the person who had lived together with his or her former could continue to rent the house in accordance with the original lease contract.

Article 22 (Cessation of contracts)

During the rental of homes, no party may unauthorizedly dismiss the lease contract, except for the termination of the lease contract agreement, the lease of the party's consensus or the existence of legal provisions for the dismissal of the contract.

The lessee may lift the contract without the use of homes in accordance with the nature of the home.

Article 23 (The obligation of the lessor)

The renter of the house should sign the Security Responsibility Guarantee with the Public Security dispatch.

The renter of the home shall perform the following obligations:

(i) The identification of the licensee and the residence user's identity documents and registration of the name of the lessee, type and number of identification documents, as required by the public security sector;

(ii) To ensure that the registration of residence is carried out in a timely manner in accordance with the relevant provisions of the State and the city;

(iii) To communicate and promote tenants and residents to adhere to the statute of the management of small-scale industrial owners by providing tenants to the committee of the owners or business enterprises;

(iv) The identification of tenants and residents to use rented residential homes to operate without warrant and to report promptly to the relevant sectors such as the business administration;

(v) The responsibility for renting homes and the security of their facilities, equipment, the provision of information on security-use matters and the conduct of regular security inspections and maintenance, and the timely identification and exclusion of security concealments;

(vi) Cooperate with the relevant authorities in investigating, suppressing and punishing violations committed by the lessee and the person living.

Article 24

The lessee of the home shall perform the following obligations:

(i) The name, type and number of the resident person, the type and number of identification documents, and in accordance with the provisions for the registration of residence; the increase in the number of persons living shall also be subject to the consent of the lessor and shall not be in violation of the provisions of article 10, paragraph 1, of this scheme;

(ii) To comply with the statute of management of the owners of the industry without prejudice to the legitimate rights and interests of the neighbouring owners;

(iii) No rented home shall be used to operate;

(iv) A reasonable, safe use of homes and facilities, equipment shall not automatically change the nature, structure or other violations.

Article 25

Real estate brokers and property brokers should comply with the provisions of the State and the city relating to the rental management of homes, promote policies such as rental of homes, real population services and management to leasers and direct the use of lease contracts by the leaser.

Real estate brokers and property brokers shall not be allowed to reside in the lease operation, which is not in accordance with the provisions of this scheme, and shall not conceal information such as rental of real houses by the leaser to earn the price.

The property broker or the property broker shall not be charged with the payment of the domestic work.

Article 26

The city encourages professional agents to accept the authorization of homeowners or other rights under the laws, regulations and regulations, on their own behalf, to rent their homes and obtain benefits, in accordance with the agreement entrusted to the contract. Specific management provisions are developed by the municipal housing administration sector with the relevant departments.

Article 27

After the approval of the General Conference of the Mains of the Industrial Development Board, the relevant management measures could be developed in accordance with the rental of homes in the area of residence, and the specific implementation of the business sector.

The home lease party violates the statute of the owners' management and undermines the legitimate rights and interests of others, and the Commission has the right to require the parties to cease violations, eliminate risks, exclude harm and compensate for losses. The act of the owners of the industry against their legitimate rights and interests can be prosecuted by law to the People's Court.

Article 28 (Recommendations to the business sector)

Business-service enterprises should manage housing leases in the area, as requested by communes, the town's people's Government or the street offices, and send community service centres in the home location.

The owner, the property broker or the property broker should be discouraged, stopped and stopped in a timely manner and reported to the main board or the relevant sector.

Article 29

Disputes involving renters, tenants and neighbouring owners in home rental activities should be resolved in consultation; unconceptably, consultations can apply to the People's Conciliation Commission for mediation or may apply to arbitration by law to arbitration bodies or to the People's Court. In accordance with the prescribed conditions, legal assistance may be applied by law to legal aid institutions.

Article 33 (Conferences already prescribed for sanctions)

In violation of the provisions of this approach, laws, regulations have already been penalized and are dealt with in accordance with the relevant provisions.

Article 31 (Conference of provisions such as violations of security, fire and residence registration)

In violation of article 8, paragraph 1, of the present approach, rental houses are not in accordance with the standards and requirements of security, firefighting, and are subject to a fine of more than 1000.

In violation of article 11, paragraph 1, of the present approach, the renter has not complied with the corresponding security management responsibilities, which is rectified by the public security sector and punishable by a fine of more than 3,000 dollars; and severe consequences are fined by over 3,000 yen.

The leaser, the resident person, in violation of other security management, the residence registration management, is dealt with by the public security sector in accordance with the relevant provisions.

Article 32 (Conference of minimum rental units, residence restrictions and minimum area of lease)

In violation of article 9, article 10, paragraph 1, of this scheme, the minimum rental unit, the limitation of residence and the minimum per capita rental area are converted to the time limit of the responsibilities of the responsibilities of the district, district housing administration, and the impossibility of the late replacement could be fined by more than 10,000 dollars.

Article 33 (Conference of the lease party's non-registration of the required registry)

In violation of article 13 of this approach, the lease party is not subject to the procedures for the registration of the lease contract for the duration of the lease contract, which is modified by a time limit for the administration of the district, district houses; a fine of up to 1000 dollars for the individual and a fine of more than 1,000 dollars for the unit.

Article 34

In violation of article 13, paragraph 1, of the present approach, property brokers have not been registered and are subject to a change in the period of time due to the responsibility of the district, the district housing administration sector, with a fine of up to $300,000.

Article XV (Conference of property brokers in violation of brokering regulations)

In violation of article 25, paragraph 2, of the present approach, property brokers and brokers are cohabited by a period of time being transferred by the district, the district housing administration sector, and the suspension of the online qualifications of the property broker institution; the uncorrected fine of more than 1,000 employees for real estate brokers, the removal of the online qualifications of the property brokers and the imposition of a fine of over 30,000 dollars.

Article XVI (on the basis of application)

The transfer of public residence houses and their supervision is based on the application of this approach.

Article 37 (Actual date of application)

This approach has been implemented effective 1 October 2011. The application of the rental management of homes in the Shanghai City was also repealed by the Government of the Shanghai City on 30 August 2004.