Wuhan rental management
(November 15, 2010 the 119th meeting of the people's Government of Wuhan municipality considered by January 10, 2011, Wuhan municipal people's Government order No. 214, release as of March 15, 2011) Chapter I General provisions
First in order to standardize the leasing acts, maintain social order and protect the legitimate rights and interests of the parties, promote the healthy development of the rental market, according to the People's Republic of China on urban real estate administration law and the People's Republic of China on public security administration punishments Act and other laws and regulations, combined with the city's actual, these measures are formulated.
Second approach applies to housing rent and related management in the administrative area of the city.
Article leasing in these measures refers to natural persons, legal persons or other organizations as lessors of its ownership or the right to lease to a lessee for use by the lessee to pay the rent, and upon termination of the lease, the House returned to the lessor.
To associate with others, cooperative management, contract management and other ways to make housing available to others to use, do not participate in the operation, but the payoff, as rental housing. Article fourth lease shall follow the principles of voluntariness, fairness and good faith.
House lease rental housing must not be used for illegal purposes, and must not harm the social and public interests.
Fifth House tenancy administration uphold the housing management and population management, management and service combined with the principle of implementing territorial and categories.
Sixth city, housing and housing management office (hereinafter referred to as housing authority) responsible for rental management.
Public security departments are responsible for rental housing security management, fire management and lease registration management.
Industry and commerce, taxation, land planning, population and family planning, civil affairs, health and urban management and other departments, shall, within their respective mandates to do housing rentals and services related to integrated management of the work of the population.
The seventh Community (village) rental housing integrated service management agencies, according to the real estate sector and public security departments to delegate, is responsible for collecting the communities (villages) and lease within a specified area district people's Government information, acceptance of residential rental registration application for lease to provide management services for the population, its personnel and office expenses by District financial safeguards. The eighth city, relevant district management should establish a rental management coordination mechanism, strengthen the management of rental housing and security. Dynamic management of unified planning, leasing information.
Relevant departments shall, in accordance with responsibilities established mechanisms for information exchange and sharing.
Chapter II administration of rental
Nineth House has one of the following conditions, you may not rent:
(A) there are major security problems or was identified as a risk House does not exclude dangerous measures to ensure housing safety;
(B) illegal construction;
(C) not complying with the provisions of relevant laws and regulations;
(D) the provisions of laws and regulations prohibiting the rental of other circumstances. Tenth residential rental housing, should be based on the original design of the minimum room rental.
Kitchen, bathroom, terrace and underground storage may not rent for human habitation. 11th rents are divided into standard and Protocol for rent, rent.
Direct management of the Housing Authority public housing rentals would be implemented by the Government's standard rates. Other direct management of public housing, housing sector non-residential and sublet the housing provided for in the preceding paragraph, imposed by the rental agreement parties negotiate rent.
Implementation of the agreement of the lease should go through the registration formalities. 12th article implementation of the agreement of residential housing for the lessor, shall from the date of signing a lease agreement in the 30th, to the communities (villages) comprehensive service management agency to apply for a lease of rental housing registration procedures, sign the security guarantee of the liability, fill the lessor, lessee, rental homes, and other related information.
Incomplete information, communities (villages) rental housing integrated service management should let people make up.
Communities (villages) rental housing integrated service management agency shall, upon receiving the rental registration within 5 working days from the date of filing and related archival materials transferred housing management Department and the public security departments. Non-residential lease shall, from the date of signing a lease agreement in the 30th, area housing authority for rental housing registration formalities.
Non-residential premises are inhabited, the lessor shall, in accordance with the provisions of the first paragraph of this section procedures.
13th when the lessor the rental registration formalities for housing, or certificate shall submit the following materials:
(A) the lessor and the lessee legal documents, natural persons shall be provided with identity cards or other personal identification ID; properly constituted legal persons or other organizations should provide proof of their valid documents, including business license, tax registration certificate, or certificate of organization code;
(B) real estate ownership certificates or other legitimate sources for housing;
(C) the lease contract;
(D) the laws, rules and regulations of other materials or documents.
Common to all rental housing, should also be submitted to the consent of the other co-owners issued proof of rental housing, owners are entrusted management of the leased premises shall also submit a power of attorney.
Rental of material submitted by the Parties shall be true, valid and effective, not concealing facts or providing false information.
14th District Housing Management Department shall, upon receiving the rental registration materials within 3 business days from the date of completion of registration formalities, issued to lease the rental registration certificate.
15th rental registration certificate shall include the lessor's name or title, the lessee's name, valid identification type and number, rental location, hire, rent, lease term, and so on.
16th section lease registration certificate is lost, replacement to the original registration authorities.
17th rental housing registration content changes, renewal or termination, the Parties shall within the 30th for lease registration modification, extension or cancellation procedures. 18th the lessee during the lease period the lessor's written consent, you can rent a House sublet part or all of the third party.
Lessee to sublet the housing shall be entered into with the subtenant to sublet contracts and in accordance with the provisions of these measures apply for rental housing registration procedures.
19th community (village) institutions should establish routine inspections of rental housing integrated service management system, carry out the following functions:
(A) find rental housing registration and demographic information is not false, reports housing management department or Police Department in a timely manner;
(B) find housing rental is not registered or filed, urging the lessor registration and filing;
(C) find the House unsafe and promptly report to the Housing Authority, urge the lessor or the lessee for rectification;
(D) found to be in breach, fire prevention, family planning, urban management, planning, public health and other violations of the regulations, and promptly report to the relevant administrative departments;
(E) carry out publicity and provide related services.
20th community (village) rental housing integrated service management agency staff inspection or investigation when collecting rental housing and demographic information, shall be not less than 2, and must present a working document.
21st real estate intermediary service organization shall inform the housing lease for rental housing registration procedures, the Community (village) rented housing integrated service management organizations can contribute to the intermediary service institutions the leasing of real estate information, real estate intermediary service organization shall provide assistance.
Communities (villages) rental housing rental information integrated services management-home collection, property services agency shall provide assistance.
22nd leased non-residential housing for the production, management, applying for administrative approval to the relevant administrative departments or administrative licensing matters, in accordance with the law can be rental housing registration certificate as proof of the undertakings.
Chapter lease 23rd the lessor rental housing should be written rental contract with the lessee.
Municipal housing management sector and the business sector to develop contract demonstration text, for reference by the parties.
The 24th rental contract shall set forth the following major items:
(A) the name or the name and domicile of the parties;
(B) is located, the area of the House, the decoration and facilities;
(C) leasing purposes;
(D) the term of the lease;
(E) rent and the method of payment;
(F) home repair responsibilities;
(VII) fire safety responsibilities;
(VIII) modify or rescind the terms of the contract;
(I) the breach of contract and settlement of disputes;
(J) sublease agreement;
(11) other provisions of the contract.
25th rental period, termination of the leasing contract; renewal agreement reached should sign a new leasing contract and in accordance with the provisions of rental housing registration procedures in these measures.
Chapter fourth party's rights and obligations
26th the lessor shall comply with the following provisions:
(A) without the interested party's consent, residential housing rent must not be used in production and operating activities;
(B) not to have no legal and valid certificates of natural persons, legal persons and other organizations leased premises;
(C) found the premises of suspected criminals, to report to the public security department in a timely manner;
(D) handle the rental registration formalities, faithfully declare the rent and pay the relevant taxes in accordance with regulations and cooperate with related departments and communities (villages) rental housing integrated service management information collection and inspection; (E) establish a register of rental assistance, registration personnel rental of names, information such as the type and number of valid identity documents.
Of personnel changes in the overall should be informed in the 3rd Community (village) rental housing integrated service management body;
(F) urged non-officials in the city register, apply for a residence permit;
(VII) collective or multi-family rental housing for those who rent, must comply with fire laws and regulations, ensure that evacuation channels and fire Lane, safety exits, and in accordance with national standards and industry standard fire control facilities and devices;
(VIII) is unable to continue with the security guarantee is responsible for monitoring the provisions of the law and order should be commissioned by management, and written reports local communities (villages) rental housing integrated service management body;
(IX) found lessees, rent pregnancies or birth as well as the premises unlawfully imposed fetal sex determination and artificial termination of pregnancy, to the Community (village) rental housing integrated service management reports;
(J) the laws, regulations and other obligations. 27th the lessor is responsible for inspections, maintenance of premises and facilities, and residential safety. For maintenance and poor housing, losses are caused to the lessee shall bear the liability.
Laws and regulations provide otherwise provisions and except as otherwise stipulated in the rental contract.
Tenants should be protected and in accordance with the leasing contract for a reasonable use of housing, without changing the structure and use of nature.
28th the lessee shall comply with the following provisions:
(A) cooperate with related departments and communities (villages) rental housing integrated service management agency information collection and checks for non-officials in the city, should be in accordance with the provisions relating to residence permits management, residence registration; an overseas officer, shall, within 24 hours after the House with a valid ID to the housing police station where accommodation registration;
(B) description rent to the lessor and the management staff, show valid ID card;
(C) the officers shall not stay without valid identity documents;
(D) to fulfil its responsibility for family planning, married persons should consciously accept the residence of family planning technical service guide;
(E) use of tenant houses engaged in production or business operations shall comply with safety and environmental protection regulations;
(Vi) should not be used to lease houses engaged in illegal production, processing, storage, management inflammable and explosive dangerous goods and hazardous substances such as toxic, radioactive, corrosive;
(G) the prohibition of the use of tenant houses other illegal and criminal activities.
Article 29th standard rent residential tenant than to have the city of permanent residence, not elsewhere specified housing, close relatives of the time with more than 3 years, to tenants of the Housing Authority has the right to joint tenants.
Of the lessee referred to in the preceding paragraph in any of the following circumstances, the lessor is entitled to terminate a lease agreement:
(A) the use of illegal and criminal activities of the housing;
(Ii) altering the structure or the agreed purposes;
(C) the rent in arrears for more than 6 months;
(D) other circumstances as stipulated in the laws, regulations or contract.
The fifth chapter legal liability 30th in violation of the provisions of article Nineth, rectification by the Housing Department; it fails, illegal proceeds more than 1 time for lessor fined not more than 3 times, but not exceeding 30000 Yuan. To have significant security risks or identified as dangerous buildings and elimination of danger and measures taken, by the Housing Department in accordance with the relevant provisions of the security law. Used for illegal building, by the competent authorities in accordance with the measures for the control and investigation of illegal construction in Wuhan (municipal order 189th) and other provisions of law and rules and regulations according to law.
For rent not complying with the provisions of relevant laws and regulations of the Housing Authority, by fire departments in accordance with the People's Republic of China fire protection law and other related laws and regulations according to law.
31st in violation of the provisions of article tenth, rectification by the Housing Department; it fails, punishable by more than 5000 30000 Yuan fine.
32nd lessor violates these rules, do not perform the obligation of rental housing registration, and ordered a replacement by the Housing Department; fails to go through, fined a maximum of 1000 Yuan for natural persons, legal persons or other organizations more than 1000 10000 Yuan fine.
33rd lessor tax returns do not, do not pay taxes or pay less tax payable, by the tax authorities according to law.
34th in violation of the regulations, any of the following circumstances, be punished by public security departments:
(A) the lessor rental housing did not sign the security guarantee of the liability, as well as lessee rental stay without valid ID card officer, correction, and fined in accordance with the relevant provisions;
(B) the lessor fails to establish a register of rental assistance, or after the change in rental assistance, not in accordance with these rules inform communities (villages) rental housing integrated service management agencies, rectification, it fails to, impose a penalty of 500 Yuan;
(C) real estate brokerage services, property services in violation of this article approaches the 21st, refused to assist the public security departments or communities (villages) collecting rental information rental housing integrated service management organization, fined 500 Yuan more than 1000 Yuan fines;
(D) lease violations of fire safety rules, to order the rectification, and in accordance with the People's Republic of China fire protection law and other related laws and regulations will be punished.
35th article on House tenancy administration staff of favoritism, corruption, bribery, sanctions by the relevant authorities constitutes a crime, criminal responsibility shall be investigated according to law.
36th for acts in violation of these regulations, citizens, legal persons or other organizations may be reported to the relevant administrative departments, the relevant administrative departments can provide appropriate rewards to informants.
37th for acts in violation of these regulations, other laws, regulations and rules have provided administrative penalties, dealt with by the relevant authorities to perform constitutes a crime, criminal responsibility shall be investigated according to law.
The sixth chapter supplementary articles
Article 38th of Wuhan East Lake high-tech development zone, Wuhan economic and technological development zone, East Lake ecological tourism scenic area, Wuhan chemical industrial zone management board in accordance with this regulation, is responsible for areas within their lease and population services, integrated management.
39th direct management of the Housing Authority public housing, units from the tube housing and affordable housing rental management, otherwise provided by the laws, rules and regulations, from its provisions.
40th offshore lease, sublet the housing units, personnel, or lessee to retain foreign personnel, the lessor, the lessee shall abide by the State and the municipality on the management of national security requirements. 41st these measures shall come into force on March 15, 2011. On October 26, 1997, Wuhan municipal people's Government, issued by the urban lease regulations (municipal, 93rd) repealed simultaneously.