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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(February 1, 2007, the 60th Executive meeting of Beijing municipality on November 3, 2007, 194th promulgated by the people's Government of Beijing municipality as of January 1, 2008) list of chapter III chapter I General provisions chapter II registration of rental management standards Chapter fourth fifth sixth chapter Chapter legal liability of supervision and inspection annex chapter I General provisions article in order to strengthen the management of rental housing, maintain social order and protect housing lease
    The legitimate rights and interests, in accordance with the relevant laws and regulations, combined with the municipality, these provisions are formulated.
    Article within the administrative area of the city housing rental and leasing non-residential housing residence, in accordance with the management.
    Article on House tenancy Administration adhere to the principle of combining management and service, the implementation of territorial management. The fourth article of the municipal people's Governments at all levels should strengthen leadership of the rental management, building rental housing management bodies.
    Management of leased property management agency has specific responsibility for housing rental organization, guidance, coordination, supervision and management work.
    Public security organs shall be responsible for rental housing security management, fire management, and household registration of the lease.
    Construction (housing) Administrative Department is responsible for the rental market, rental housing construction safety supervision and management and real estate brokerage industries management.
    Administration of industry and commerce is responsible for comprehensive oversight of brokering activities by management, and use of rental housing for operating without a license and other illegal business.
    Lease management of the Civil Administration Department is responsible for civil air defence works.
    Health, population and family planning, planning, taxes, national security and comprehensive urban management enforcement authorities shall perform their respective duties, such as good management of rental housing.
    Fifth District and county people's Government should be in the community, the village set up for housing, rental management, service management service (hereinafter referred to as grass-roots management stations), and guarantee their funding, Office space in the workplace.
    Sixth section residents and villagers committees and other grass-roots organizations should assist the administrative departments concerned leasing management, urging the lessor, lessee and consciously abide by the State and the municipality on House tenancy administration requirements.
    Residents ' and villagers ' committees according to the local area, organized the residents to develop rental housing management Convention, autonomous management of rental housing. Chapter II implementation of rental housing, rental registered the seventh article of the city registration system.
    Handle the rental registration shall not be charged.
    Eighth article rental people should since and tenant people made housing rental contract of day up 7th within, to housing location of grass-roots management station handle housing rental registration procedures, and filled following content: (a) rental people, and tenant people name or name, and documents type and number, and residence to, actual live personnel of name, and identity documents type and number, and household to; (ii) rental housing of basic situation, and rent and rental term; (three) housing ownership certificate or housing source proved; (four) this city provides of other content.
    Nineth modification or termination of the leasing contract, the lessor shall from the date of modification or termination of the contract in the 5th, housing location management service for the registration of changes or cancellation procedures.
    During the term of lease contract, personnel changes of residence, lessee shall from the date of change in the 2nd told grass-roots management service, apply for alteration registration procedures.
    Tenth real estate brokers engage in leasing brokerage, shall notify the lease to the grass-roots management kiosks, where rental housing registration; to provide leasing brokerage agency services, real estate broker shall, in accordance with the provisions of article eighth and Nineth provisions of the first paragraph, handle the rental registration, modification and cancellation procedures. 11th article grass-roots management station should for handle housing rental registration of party provides following service: (a) publicity about housing rental management of provides and security using housing of knowledge; (ii) told about personnel handle flow children entrance, and national immune planning project of prevention vaccination, and family planning free technology service, matters of provides and process; (three) according to party of requirements issued and housing rental about of proved; (four) by party delegate provides handle stay registration, and stay documents,
    For ordinary basement registration filing, submit, proof of marriage registered floating population, temporary migrants marriage certificate, tax service, (v) provide advocacy services information (vi), and district and County Governments provided other services. Management service for the parties to provide the service, shall not be charged any fees.
    Grass-roots management service shall not conduct or engage in business activities in a disguised form. Chapter III management 12th security of rental housing owned by the homeowners are responsible for.
    The lessee should be responsible for their use.
    Homeowners will be entrusted management of the leased premises, shall report in writing the local grass-roots housing management service.
    13th building structure of the leased premises and facilities shall comply with building, fire, police, health and other aspects of security conditions should not endanger personal safety.
    Against illegal buildings and other law may not rent houses for rent. 14th the lessor has the right to supervise for the lessee to use housing.
    Lessor shall rent housing to undocumented people; shall not be leased, for facilitating illegal operation conditions; found tenants for rent houses suspected of any criminal activity, and report to the public security organs in a timely manner.
    The people lived in public rental housing, the lessor shall establish a register of living persons, and in accordance with the regulations submitted to the management station.
    Lessor rental income should pay taxes according to law.
    15th the lessee shall coordinate with the lessor rental registration rental housing must not be used in the illicit production, processing, storage and management of explosive, toxic, radioactive, corrosive substances or contagious-disease pathogens and other hazardous substances and other illegal activities, shall be without prejudice to the public interest or to hinder the normal work and lives of others.
    16th rent, sublet, lent to overseas units and personnel housing, 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.
    17th housing management units shall in accordance with the following provisions for safety management of housing: (a) establish a safety management system, the implementation of management measures.
    (B) security checks required of the tube housing, and security checks and records kept.
    (C) in accordance with the relevant requirements of administration or management service provide housing security check results.
    (D) found that endanger the safety or other violations of housing using an immediate end, and urge the responsible correction; it refuses, and promptly report to the House where the relevant administrative departments according to law.
    Article 18th leasing brokerage institutions shall be established by law, obtaining the business license, comply with the conditions laid down in the State and this municipality. Personnel engaged in the leasing brokerage activities, shall obtain the appropriate real estate agent qualification certificates.
    Without a real estate broker qualified personnel shall not engage in leasing brokerage activities. The 19th article of the city imposed on leasing broker agency business bank collecting payment, risk, customer funds and own funds account management and other financial regulatory system.
    Specific measures by the municipal building (housing), administrative authorities and the departments concerned.
    20th real estate agencies and brokerage staff leasing brokerage business, shall comply with the following requirements: (a) undertakings public service content, service standards, real estate agent qualification certificate. (B) leasing brokerage business, accepted by real estate brokers and work with your client to sign a brokerage contract in writing, collect Commission, invoicing.
    Real estate agency personnel shall not personally soliciting business.
    (C) the real estate agency personnel shall not at the same time in two or more real estate brokers carrying out their business.
    (D) shall forge, alter, sell, lend, lease real estate broker certificate.
    (E) shall not be occupied, misappropriation or delays in the payment of client funds.
    (Vi) not brokering, rental agent not eligible for rental housing.
    Fourth chapter 21st article this city of supervision and inspection in accordance with unified plans and resource sharing principles, establishing rental housing the integrated management information system platform, dynamic management of rental housing information.
    Management, departments and their staff to use housing rental information, housing rental information should be kept confidential, maintaining the lawful rights and interests of the parties.
    22nd article police, and construction (housing), and business administration, and civil defence, and health, and population family planning, and planning, and tax and city management integrated law enforcement, administrative sector should established law enforcement accountability, implementation on housing rental management of supervision check responsibility; in law enforcement in the found not belongs to this sector investigation of violations of, should timely told sibling rental housing management institutions, rental housing management institutions should timely told about administrative sector law investigation.
    House management, real estate broker, lease the Parties shall cooperate with the relevant administrative departments to manage the lease.
    23rd of municipal, district and county administrative departments, neighborhood offices, Township and town people's Governments shall, in accordance with their respective responsibilities, to prepare for grass-roots management service and its staff training and guide our work. 24th article grass-roots management station should established visits system, collection housing rental information, on housing rental situation for daily check, and do following work: (a) found registration information not real of, be corrections; (ii) found not registration of, for fill Deng; (three) found housing exists security hidden of, urged rental people or tenant people for rectification; (four) found violation security, and fire, and health, and family planning, and structures security, management provides of violations,
    Supervisor rental housing management agencies or any other relevant administrative departments. 25th article identified by the safety appraisal of housing agencies, rental housing belongs to the dangerous buildings, construction (housing) the administration shall inform the house owner, lessee in accordance with the regulations to adopt crisis measures. The crisis measures taken, you need to move out lessee or other person for the time being, the lessee or other person shall be moved out in time.
    Endanger the leased premises, and homeowners, tenants rented housing declined to take crisis measures, construction (housing) the administration shall, according to law enforcement and reinforcement, improvement measures, and may enjoin the lessee or other person moved out.
    Forces reinforce, repair charges incurred will be borne by the person responsible, losses due to obstacles to strengthening, repairing and impede the reinforcement and renovation of the person to bear.
    26th article building (housing), administration for industry and Commerce administrative departments, such as real estate brokers when they discharge their duties of supervision and inspection, you can check the information and understanding of the real estate brokerage business and customer funds, and other aspects of the management of the risk reserve; may request units under inspection to provide real estate brokerage license, real estate broker's certificate.
    Construction (housing), administration for industry and Commerce administrative departments in accordance with State and municipal regulations released to public supervision and inspection of relevant information.
    Fifth chapter legal liability article 27th with leasing and administration of the Executive Branch and his staff neglect, abuse, deception, by its superior departments or organs shall be ordered to correct serious, managers directly responsible and other persons directly responsible shall be given administrative sanctions constitute a crime, criminal responsibility shall be investigated according to law.
    The 28th for violation of the provisions of the following acts, by the public security organs in accordance with the following provisions: (a) the lessor, lessee, real estate agencies in accordance with the provisions of the eighth and Nineth provisions of rental housing registration, modification and cancellation procedures, correction, penalty of between 500 Yuan and 200 Yuan.
    (B) violation of the provisions of article 13th, rental of housing security, fire safety, correction, and liable to a fine of less than 1000 Yuan and 30,000 yuan.
    (C) violation of the provisions of the 14th article, the lessor rental housing to undocumented people or that the lessee leased suspected criminal activity, not to report to the public security organs, fined a maximum of between 500 Yuan and 200 Yuan.
    (D) violation of the provisions of the 14th article specified in the second paragraph, the lessor fails to establish a register of living persons, and in accordance with the regulations submitted to the management station, correction, and liable to a fine of less than 200 Yuan more than 1000 Yuan.
    (E) violation of the provisions of article 15th, when the lessee uses the leased housing damage public interests or hinder normal work and lives of others, warn, and shall order rectification overdue refuses, fined a maximum of between 500 Yuan and 200 Yuan.
    29th article on violation this provides of following behavior, by construction (housing), and business administration, and civil defence administrative sector according to their duties according to following provides punishment: (a) violation this provides 13th article provides, rental of housing exists building security hidden of, ordered corrected, and can at 1000 Yuan above 30,000 yuan following fine; (ii) violation this provides 17th article provides, housing management units not perform security management duties of, ordered corrected, and can at 1000 Yuan above 30,000 yuan following fine; (Three) violation this provides 18th article second paragraph provides, real estate brokers institutions using not made real estate brokers qualification certificate of personnel engaged in housing rental brokers activities of, at 5000 Yuan above 30,000 yuan following fine; (four) violation this provides 19th article provides, real estate brokers institutions not implementation funds regulatory system of, ordered corrected, and at 5000 Yuan above 30,000 yuan following fine; (five) real estate brokers institutions and brokers personnel engaged in housing rental brokers business, violation this provides 20th article subsection (a) items
    And (b), (c), (e) and (f) provision or violation of the provisions of article 20th (d) provide, lend, lease real estate brokerage certificate, correction, fined a maximum of 3000 Yuan and 30,000 yuan.
    13th 30th in violation of these provisions provides that rental housing there are health and safety risks, the public health Administrative Department shall order rectification, and liable to a fine of less than 1000 Yuan and 30,000 yuan.
    31st for violation of the provisions of the Act, 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. Sixth chapter supplementary articles article 32nd these provisions come into force on January 1, 2008.
                            Decree on June 13, 1995, the Beijing Municipal People's Government, 13th, 12th order on December 31, 1997, the Beijing Municipal People's Government for the first time, on June 1, 2004, 150th order of Beijing municipality second revised field staff rental housing to Beijing, the Beijing city public security regulations repealed simultaneously.

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