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Beijing Real Estate Lease Management Several Provisions

Original Language Title: 北京市房屋租赁管理若干规定

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(The 60th ordinary meeting of the Government of the Beijing City of 1 February 2007 considered the adoption of Decree No. 194 of 3 November 2007 of the Beijing People's Government Ordinance No. 194 of 3 November 2007 (effective 1 January 2008)

Contents
Chapter I General
Chapter II
Chapter III Regulatory norms
Chapter IV Oversight inspection
Chapter V Legal responsibility
Annex VI
Chapter I General
In order to strengthen housing rental management, maintain social order, protect the legitimate rights and interests of the owner of the house's lease, this provision is based on the relevant laws, regulations and regulations.
Article 2
Article 3. Housing rental management adheres to the principle of a combination of management and services and is administered by land.
Article 4 The rental housing administration is specifically responsible for the integrated management of housing rental management organizations, guidance, coordination and oversight.
The public security authorities are responsible for the management of the security of rented homes, fire management and the management of the homeownership of the lease party.
The construction (house) administration is responsible for the supervision of housing rental markets, the safe supervision of rental housing structures and the management of the industries of property brokers.
The business administration sector is responsible for the integrated supervision of brokering activities and for the detection of unlawful operations, such as the use of rented homes.
The rental management of the construction works by the Head of the Civil Defence Administration.
The executive branch, such as health, population counts, planning, tax, national security and urban management, should be able to manage the rental of homes in accordance with their respective responsibilities.
Article 5 Regions, zonal governments should establish a grass-roots management service station responsible for house rental management, service services (hereinafter referred to as grass-roots management service stations) in the community, in the village, and guarantee the funding, office space required for their work.
The grass-roots organizations, such as the Residential Commission, the Village People's Commission, should assist the relevant administration in the management of housing rentals, the promotion of renters, the tenants themselves in compliance with national and local housing rental regulations.
The Council of Residents, the Village People's Committee may organize, in practice in the region, a housing rental management convention for the self-government of housing rentals.
Chapter II
Article 7. Housing rental registration shall not be charged.
Article 8. The renter shall, within 7 days of the date of the construction of the lease contract with the lessee, process the home rental registration process at the grass-roots management service station in the house's location and complete the following:
(i) The name, name or name, type and number of the lessee, the place of residence, the name of the person actually residing, the type and number of identification documents and the place of residence;
(ii) Basic conditions, rents and rental deadlines for renting homes;
(iii) Housing rights certificates or certificates of origin;
(iv) Other provisions of this city.
Article 9. Changes in the rental contract or termination of the home shall be due to registration changes, write-offs at the grass-roots management service station in the home location within 5 days of the change in the contract or termination.
During the period of effectiveness of the housing lease contract, the lessee shall communicate to the grass-roots management service station within 2 days of the change.
Article 10 Property brokers engage in home rental activities and should be informed in writing of the procedures for the rental registration of houses by the leaser to the grass-roots management service at the home location; the provision of home rental brokers commissioned operations; and the property broker should conduct rental registration, change, write-off procedures, in accordance with article 8, paragraph 1, of this provision.
Article 11. The grass-roots management service station shall provide the following services to the party that conducts home rental registration:
(i) Raise knowledge of the provisions relating to rental management and the safe use of homes;
(ii) To inform relevant persons of the provisions and processes relating to the admission of mobile children, the prevention of vaccinations for national immunization planning projects and the free technical services for family planning;
(iii) A certificate relating to the rental of homes, as requested by the parties;
(iv) The parties are entrusted with the provision of temporary registration, suspension of residence documents, the processing of the general sub-house registration file, the inspection, registration of mobile population matrimonial certificates, and the processing of temporary mobile population matrimonial certificates, etc.;
(v) Provide information on the services of human rights;
(vi) Other service projects provided by the municipalities and territories, and by the Government.
The basic management service station provides services to the parties without charge of any costs. The grass-roots management service stations shall not engage or otherwise engage in business activities.
Chapter III Regulatory norms
Article 12. The security of rented homes is vested with the owners. The tenants should be responsible for their use.
The owners of the house will be entrusted with the management of others and should report in writing on the grass-roots management service stations in the house.
The construction structure and equipment facilities of rented homes should be in accordance with the security conditions in the areas of construction, fire, policing, health and safety without endangering security.
It is prohibited to rent houses that are not subject to the law.
Article 14. The renter shall not rent the homes of the unidentified person; shall not facilitate the illegal production of the operation by way of renting a house; it is found that the lessor has criminal activities with regard to the use of rented homes and reports promptly to the public security authorities.
The rental of homes for many people should be established by the taxor to establish the residence register and send the basic management service station as required.
The income of rental houses should be taxed by law.
Article 15. The lessee shall cooperate with the rental of homes; no rental house shall be used to engage in illegal production, processing, storage, operation, toxicity, radioactive, corruptive substances or hazardous substances and other criminal activities, such as communicable diseases, which may not undermine public interest or impede the normal work, life.
Article 16 makes payments to offshore units, persons renting, renting, loaning homes, or the lessor retaining outsiders, and the lessee shall comply with the provisions of the State and the city relating to national security management.
Article 17: The housing management unit shall administer the house in accordance with the following provisions:
(i) The establishment of a housing security management system to implement management measures.
(ii) The security inspection of the house, as prescribed, and the security inspections are properly kept.
(iii) The results of the inspection of housing safety in accordance with the relevant executive or grass-roots management service stations.
(iv) Be found to endanger the security of tenure or other violations, immediately halt and encourage the correction of the responsible person; refuse to change; and report on the administration of the house in a timely manner in accordance with the law.
Article 18 institutions involved in the rental of houses should be established by law and licensed to operate in accordance with the conditions established by the State and the city.
Persons engaged in rental brokering activities in the home should be granted a corresponding certificate of eligibility for property brokering. A person who has not obtained a certificate of eligibility for property brokering shall not be allowed to engage in a home lease activity.
Article 19 of this city imposes a financial regulatory system, such as the payment of funds, a risk reserve, customer funds and self-financed sub-account management. The specific approach was developed by the city-building (household) administration with the relevant sectors.
Article 20 The property brokers and their brokers are engaged in home rental brokering operations and should comply with the following provisions:
(i) Accreditation of service content, service standards, property brokers.
(ii) Housing rental brokering operations, which are accepted by the property brokers and entered into a written broker contract with the author to collect domestic funds and open invoices. Property brokers are not allowed to do so in the name of the individual.
(iii) Property brokers shall not operate simultaneously with two or more property brokers.
(iv) No licence of falsification, sale, loan, rental of property brokering shall be prohibited.
(v) The payment of customer funds cannot be absorbed, diverted or delayed.
(vi) There shall be no separation of houses, which are incompatible with rental conditions.
Chapter IV Oversight inspection
Article 21
Departments that manage, use housing rental information and their staff should be kept confidential and maintain the legitimate rights and interests of the parties.
The executive branch, such as public security, construction (house), business administration, civil defence, health, population counting, planning, tax and urban administration, should establish law enforcement responsibilities to implement oversight inspection responsibilities for housing rental management; and in law enforcement, the discovery of offences not covered by this sector should be informed, in a timely manner, of the same rental housing authority and the renting authority should be informed of the relevant executive branch in a timely manner.
Housing management units, property brokers, home rental parties should be aligned with the administration's management of housing rentals.
Article 23, Municipal and Districtal Administration, Street Offices, and the Town People's Government, in accordance with their respective responsibilities, should be trained and guided by grass-roots management service stations and their staff.
Article 24 should establish a system of inspection, collect information on rental of homes, conduct daily inspections of housing leases and make the following work:
(i) To find that registration information is unrealistic and corrections;
(ii) Be found to be unregistered and closed;
(iii) It is found that there is a security concealment of the house and that the renter or the lessee are renovated;
(iv) Be found to be in violation of regulatory provisions such as security, firefighting, health, family planning, construction structure security, reporting on the management of the upper rented homes or other relevant administrations.
Article 25, as confirmed by the Housing Safety Identification Body, rented houses are at risk of housing, and the construction (house) administration should inform the owners of the house and the tenants to take measures to destabilize. Measures to default require the temporary relocation of the lessee or other users, and the lessor or other users should be relocated in a timely manner. The renting house endangers the security of the person and the owner, the lessee refuses to take measures to destabilize the rented house, and the construction of (household) administrations should take mandatory, renovatory measures in accordance with the law and allow for the relocation of the tenants or other users.
The cost of forced cocacy and renovation was borne by the responsible person and was borne by those responsible for obstructing the repair and repair of the damage caused.
Article 26, when the executive branch, such as construction (house), business administration, performs oversight duties with respect to property brokers, may examine information on the management of property brokering operations and customer funds, risk reserves, etc., and may request the inspection units to provide licences for the operation of the property brokers, certificates of eligibility for property brokers.
The executive branch, such as construction (houses), business administration, can make relevant information available to the community on the inspection, in accordance with the relevant provisions of the State and the city.
Chapter V Legal responsibility
Article 27 of the executive branch with the responsibility to rent management and its staff to play a role in the exercise of negligence, abuse of authority, provocative fraud are rectified by their superior or supervisory authority; in the case of serious circumstances, administrative disposition of directly responsible supervisors and other direct responsibilities is provided by law; and criminal responsibility is lawfully prosecuted.
Article 28 punishes the public security authorities for violations of this provision:
(i) The taxpayer, the lessee, the property broker body did not conduct rental registration, change, write-off procedures under article 8, paragraph 9, of the present article, and the fine of up to $50 million.
(ii) In violation of article 13 of this provision, rented homes are in existence of security, fire safety concealments, corrective orders and may be fined up to 3,000 dollars.
(iii) In violation of article 14, paragraph 1, of the present article, the renter to rent houses without identity, or the discovery of criminal activities by the lessor of the use of rented homes without reporting to public security authorities, with a fine of more than 500 dollars.
(iv) In violation of article 14, paragraph 2, of the present provision, the renter has not established the residence register and, in accordance with the provisions, sent to the grass-roots management service station, the order has been changed and may be fined by more than 1000 dollars.
(v) In violation of article 15 of the present article, the tenant has damaged public interest or obstructed the normal work and life of others, warnings and reorders; the late refusal to be rectified, with a fine of €200 million.
Article 29 punishes the construction (house), business administration and civil defence administration in accordance with their respective responsibilities, in violation of this provision:
(i) In violation of article 13 of this provision, rented homes are hidden in the security of buildings and are subject to correction and fines of up to 3,000 dollars;
(ii) In violation of article 17 of this provision, the housing management unit does not perform the responsibility for security management, and is subject to a fine of up to 3,000 dollars;
(iii) In violation of article 18, paragraph 2, of this provision, property brokers use persons who have not obtained a certificate of eligibility for property brokering to carry out home rental brokering activities, with a fine of more than 3,000 dollars;
(iv) In violation of article 19 of this provision, property brokers have not implemented the financial regulatory system, corrective orders and fines of up to 3,000 dollars;
(v) Property brokers and their brokers engage in home rental brokering operations, in violation of article 20, subparagraph (i), subparagraph (ii), subparagraph (iii), (v), (vi), or in violation of article 20, paragraph (iv), of this provision, by borrowing, renting certificates of eligibility for property brokering, and by reprioritizing the liability of more than 30,000 dollars.
In violation of article 13 of this provision, rented homes are hidden in health safety and are converted by a sensorship of the health administration and are liable to a fine of up to 3,000 dollars.
Article 31 acts in violation of this provision, other laws, regulations, regulations and regulations already provide for administrative sanctions, which are dealt with by the relevant executive branch in accordance with the law; constitutes an offence and hold criminal responsibility under the law.
Annex VI
Article 32 provides for implementation effective 1 January 2008. Order No. 13 of the Government of the People of Beijing, 13 June 1995, the first amendment to the Beijing People's Government Order No. 12 of 31 December 1997, was repealed in accordance with the provisions on the management of housing leases in Beijing City, which were amended by Order No. 150 of the Government of the People of Beijing on 1 June 2004.