Lhasa Rental Management

Original Language Title: 拉萨市房屋租赁管理办法

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Lhasa rental management

    (May 18, 2012, Lhasa city people's Government at the 4th Executive meeting by May 31, 2012, Lhasa city people's Government announced as of August 1, 2012, 38th) first to strengthen the management of rental housing, and standardized housing lease, protect the legitimate rights and interests of leasing parties, maintaining social harmony and stability, in accordance with the People's Republic of China on urban real estate administration law and other relevant laws and regulations, combined with practical, these procedures are formulated in this municipality.

    Second, supervision and management of rental housing within the administrative area of the city, these measures shall apply.

    Housing rental should follow article equality, voluntariness, legitimacy and the principle of honesty and trustworthiness.

    Lease management should follow the principles of management and service of, the implementation of territorial management.

    Fourth city, County (district) people's Governments shall strengthen the leadership of rental management, establish and improve the mechanism for integrated management of rental housing.

    Department of housing and urban-rural construction is responsible for the leasing market, rental housing construction safety supervision and management and real estate brokerage industries management.

    Public security organs shall be responsible for policing, fire management of the leased premises, household registration of the lease and the lessee of the temporary (UN-Habitat) management.

    Industrial and commercial administrative departments responsible for supervising the leasing brokerage management, investigate the use of rental housing for operating without a license, making and selling fake and shoddy products and other illegal activities.

    Development and reform, land planning, health, population and family planning, civil affairs, civil defence, taxation, national security and comprehensive urban management enforcement authorities shall perform their respective duties, such as good management of rental housing.

    The township (town) people's Government, the subdistrict office responsible to supervise and administer the area of rental housing, organize rental registration work.

    The fifth County (district) people's Governments at the village established in the community and the conditions for housing, rental management, service management service organizations (hereinafter referred to as grass-roots management services), and to guarantee its working staff, funding and office space required.

    Grass-roots management service to assume the following responsibilities:

    (A) investigation according to law, basic conditions of leasing in the statistical area;

    (B) is responsible for the area of rental housing registration accepted, responsible for checks, clean up, and day-to-day management of the leased premises;

    (C) assist the public security organs to do public security prevention and control of the floating population, finding rental housing there is law and order, fire hazard and engaged in illegal and criminal activities shall promptly report to the leased premises;

    (D) to assist in housing rental business, tax departments for industry and commerce, tax registration:

    (E) provide advice and other information services for lease, according to require proof of associated with the lease of the party;

    (F) urge lease compliance with national, State and municipal management provisions relating to rental housing. Sixth lease, the lessor and the lessee shall in accordance with signed lease agreement.

    Contracts shall include lease, rent houses, rent, lease, leasing, housing maintenance, property and related costs paid, liability, etc.

    Municipal housing and urban-rural development department in collaboration with the municipal administration for industry and commerce development lease contract demonstration text, to the public.

    The seventh housing may not rent under any of the following circumstances:

    (A) the illegal building;

    (B) does not meet the criteria of safety and disaster prevention engineering construction compulsory;

    (C) changing the nature of the contravention;

    (D) the provisions of laws and regulations prohibiting the rental of other cases. Article eighth of rental housing, should be based on the original design of the minimum room rental flats, rental housing per capita living area shall not be less than the standards prescribed by the city.

    Kitchen, bathroom, balcony, underground storage may not rent residence for officers. Nineth, introduction of rental housing, the licensing system for security checks.

    Units or individuals engaged in housing rentals should be examined by public security organs of law and order in accordance with the requirements, obtained a lease of housing security inspection certificate before they can apply for business license, tax registration certificate and other relevant certificates. The tenth article of the market introduction of rental housing registration system.

    Within 10th of leasing contract, the lessor shall apply to the housing management services if you require rental housing registration, and complete the following:

    (A) the lessor, the lessee's name or the name, type, and number, domicile, actual living person's name, domicile, identity document type and number;

    (B) basic conditions of rental housing, rental, leasing and term of the lease;

    (C) housing ownership certificates, or sources for housing;

    (D) other content to be recorded.

    Submitted by the lessor rental registration application, rental security inspection certificate, lease contract, proof of identity, proof of ownership, registration material should be real, legitimate and effective, not concealing facts or providing false information. 11th primary management authority shall accept registration within 2 working days from the date of filing the application, complete the formal examination of the application materials.

    Eligible, will review the report and application materials be submitted along housing the seat of township (town) people's Government, the subdistrict office; do not meet the conditions, reasons and once told to complement the material. The 12th Township (town) people's Government, the subdistrict office after receiving the review report and within 3 working days from the date of the application, complete the substantive examination of the application materials and application form to fill in information and proof of identity, lease contract and other verifying the consistency of the application materials.

    Eligible, will review the report and application materials be submitted along housing the seat of County (district), Department of housing and urban-rural construction; do not meet the conditions, return the application materials and to state the reason in writing. 13th district (districts) are received by the Department of housing and urban-rural construction should review and within 3 working days from the date of the application, complete the review of the application materials.

    To comply with the following requirements, registration and issuance of an lease registration certificate:

    (A) the applicants submitted application materials are complete and comply with the statutory format;

    (B) the lessor and housing ownership certificates or other lawful ownership certificate recorded in the subject line; (C) these procedures do not belong to the seventh article may not rent houses.

    Rental housing registration certificate shall include the lessor's name, the lessee's name, valid identification type and number, basic conditions of rental housing, rental, leasing and term of the lease.

    14th during the term of lease contract, due to the lease, the term of the lease, leasing price changes lead to modification or termination of the leasing contract, the lessor shall lease changes or termination date in the 5th, the grass-roots, where the housing management service to handle change, cancellation of the registration.

    Lease expiration of termination of the contract, the lessor shall be white from the date of termination of the rental contract in the 5th, to house the seat of management services for cancellation of the registration.

    Modification and cancellation of the registration, in accordance with the procedure provided for in article 11th to 13th. 15th security of rental housing owned by the homeowners are responsible for.

    Owner registration of rental housing management is entrusted, shall report in writing the local grass-roots housing management services.

    Maintenance obligations the lessor shall perform the housing and ensure that housing and indoor facilities. 16th the lessee should be responsible for their use.

    The lessee shall in accordance with the contract of hire and use reasonable use of housing, it may not change load-bearing structure and the demolition of housing facilities, shall be without prejudice to other legal rights of owners, occupiers. 17th the lessee to sublet the housing, shall obtain the written consent of the lessor.

    Tenant sublet without the written consent of the lessor, the lessor may terminate the leasing contract; losses caused, may require the lessee to compensate for the losses.

    18th rent, sublet, lent to outside organizations, staff housing, or lessee to retain foreign personnel, the lessor, the lessee shall abide by the State, the autonomous communities and the municipality on management of national security requirements.

    19th the lessor shall comply with the following provisions: (A) the lessee is registration.

    Registration shall be requested by the public security organs, verification of identity of the lessee documents, the officers may not stay without valid identity documents;

    (B) with the signing of the rental housing agency of the public security authorities at their place of security guarantee to fulfill security responsibilities;

    (C) urging tenants Housing migrant registration of temporary residence, in time to apply for temporary residence permits;

    (D) found that lessees and other rooms at the officers suspected of wrongdoing or crime, timely report to the public security department or other relevant departments;

    (E) for the lessee to carry out law and order safety campaigns;

    (Vi) to actively assist the public security organs to do fire, theft and security troubleshooting and found the problem reports in a timely manner;

    (VII) ensure rental housing with the necessary fire control facilities, and routine security checks and maintaining the House.

    20th the lessee shall comply with the following provisions:

    (A) number description rental, show valid identification and other travel personnel, and truthfully reporting rental information;

    (B) after moving promptly to the Agency of the housing the public security authorities at their place getting temporary residence permit;

    (C) without changing the housing purposes;

    (D) shall not use leased housing for illegal and criminal activities;

    (E) found in the tenant houses a violation or a criminal suspect, reported to the authorities in a timely manner;

    (F) the rational use of fire-fighting equipment;

    (G) cooperating with authorities on the management of rental housing.

    21st real estate brokers engage in leasing brokerage, shall notify the lessor to the seat of house management services for rental housing registration procedures; to provide leasing brokerage agency business, should agents real estate brokers for the lessor, handling rental housing registration, modification and cancellation procedures.

    Real estate brokers should be engaged in brokerage activities in accordance with law, may not circumvent, or facilitate the lease to avoid management shall not intentionally concealing important facts or providing false information to conclude a contract, damage the interests of lease, not to publish false information or by any other means to cheat, swindle the lease shall not be forced to rent or lease the housing.

    22nd article violates these measures set forth in the seventh, 14th, by the County (district) Department of housing and urban-rural construction a rectification, no illegal income, punishable with a penalty of 5000 Yuan; for illegal gains, illegal gains shall be punishable by more than 1 time 3 times less, but not exceeding 30000 Yuan fine.

    23rd violates article tenth of the present measures, by the County (district) Department of housing and urban-rural construction rectification within individual fails, fined 1000 Yuan fine unit fails, fined a maximum of more than 1000 10000 Yuan.

    24th forged, altered housing rental registration certificate, by the County (district) remove his certificate from Department of housing and urban-rural construction, and liable to a fine of less than 200 Yuan more than 1000 Yuan.

    25th article violation this approach provides, without police organ security check license unauthorized carried out housing rental business of, not by provides signed rental housing security responsibility guarantee of, not perform rental housing security responsibility guarantee provides of security responsibility of, and other violation rental housing security management provides of, by police organ in accordance with Lhasa floating Service Management Ordinance and the other related legal, and regulations, be punishment.

    26th management services and township (town) people, neighborhood offices, housing and urban-rural development department, the public security organs and other department managers and other persons directly responsible for dereliction of duty, abuse of power, favoritism, and by their work units or by the competent authorities shall be given administrative sanctions; suspected of a crime, criminal responsibility shall be investigated according to law.

    The 27th article of the municipal housing, public rental housing and other low-income housing lease management, developed separately by the municipal people's Government. 28th article of the rules take effect on August 1, 2012, released on June 19, 2008, Lhasa city people's Government, the 18th of the Lhasa rental interim measures for the administration of the abrogated.

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