Regulations of Guangzhou Municipality on the Administration of Rental Housing?

The Regulations of Guangzhou Municipality on the Management of Rental Housing was issued by Guangzhou Municipal People's Decree No.2 on February 19, 2005, and then the relevant management regulations were revised. Here, I would like to introduce some relevant information to you, hoping to help you.

Regulations of Guangzhou Municipality on the Administration of Rental Housing

Chapter I General Provisions

first

In order to strengthen the management of house leasing, ensure the healthy development of the house leasing market and maintain social order, these Provisions are formulated in accordance with the "People's Republic of China (PRC) Urban Real Estate Management Law" and other relevant laws and regulations, combined with the actual situation of this Municipality.

second

These Provisions shall apply to the management of house leasing within the administrative area of this Municipality.

essay

The houses mentioned in these Provisions include residential houses, industrial and commercial houses, office houses, warehouses and other houses.

Housing lease refers to the behavior that the lessor rents his house to the lessee for use, and the lessee pays the rent to the lessor. If the lessor contracts the house to others for operation, or in the name of cooperation or joint venture, and does not directly participate in operation or surplus distribution, it shall be regarded as house lease.

Article 4

The real estate administrative department is the administrative department in charge of housing leasing, and implements unified management of the housing leasing market according to law.

City real estate rental management office is responsible for the registration management of housing rental in this city, the evaluation of housing rental price and the collection and summary of housing rental information; District, county-level city real estate rental management office is responsible for the organization and implementation of housing rental registration.

Article 5

The administrative departments in charge of public security, family planning, industry and commerce, taxation, planning, and comprehensive law enforcement of urban management shall, in accordance with their respective responsibilities, cooperate with each other to conduct comprehensive management of housing leasing.

The public security organ is responsible for the fire control, personnel registration and public security management of the leased house, household registration of the lessee and residents, personnel registration and public security management.

The family planning administrative department is responsible for the family planning management of the lessee and permanent residents.

The administrative department for industry and commerce is responsible for investigating and dealing with illegal business practices such as operating the leased house without a license.

The competent tax administrative department is responsible for the tax collection and management of leased houses.

The competent department of planning administration and the comprehensive law enforcement department of urban management shall be responsible for the investigation and punishment of illegal construction according to their respective duties.

Article 6

Entrusted by the administrative departments of land and housing management, public security, family planning and taxation. , street town rental housing management service center focus on housing lease contract registration, household registration or temporary residence permit registration, family planning management, tax collection and management.

Article 7

* * * Advocate the lessor to entrust street and town rental management service centers to release rental information.

Street, town rental housing management service center can accept the lessor's entrustment to release housing rental information, but shall not engage in business activities, and shall not charge any fees.

Chapter II Obligations of the Parties to Lease

Article 8

The parties to the house lease shall cooperate with the relevant departments to do a good job in the management of house lease, house safety, fire safety, public security, family planning and the investigation and handling of the manufacture and sale of fake and shoddy goods.

Article 9

Houses under any of the following circumstances shall not be rented:

* * * A * * * has not obtained the real estate ownership certificate or other legal ownership certificate;

The ownership of * * * is disputed;

* * * III * * The judicial organ or administrative organ has ruled or decided to seal up or restrict real estate rights in other forms according to law;

* * * Four * * * parts of the house, without the written consent of other * * * people;

* * * Five * * * belong to illegal buildings;

* * * Six * * * belong to dangerous houses;

* * * Seven * * * do not meet the fire safety standards;

* * * Eight * * * has issued a house demolition announcement;

* * * 9 * * Prohibited by other laws, regulations and rules.

Article 10

The lessor shall perform the following obligations:

* * * A * * Do not rent the house to individuals who do not provide identity files;

* * * II * * shall not lease the house to a unit that shall obtain a license or other approval documents and business license according to law;

* * * III * * shall not lease the house to the married floating population of childbearing age without family planning certificate, and shall report to the family planning administrative department in time if it is found that the lessee and the resident are pregnant or have children illegally;

* * * Four * * * After going through the registration formalities of house lease, sign the security responsibility guarantee letter at the local police station;

* * * Five * * * shall not use the rented house to engage in illegal and criminal activities;

* * * Six * * If it is found that there are suspected illegal and criminal acts in the rented house, it shall report to the public security organ or other relevant administrative departments in a timely manner;

* * * VII * * Inform the lessee and non-local residents to go through the temporary registration formalities at the street and town rental housing management service center where the house is located; Assist relevant administrative departments and street and town rental housing management service centers to collect information that tenants and residents should fill in according to law;

* * * Eight * * * Conduct safety inspection on the rented house to find and eliminate potential safety hazards in time;

* * * Nine * * * Declare and pay the corresponding house rental taxes and fees according to law within the prescribed time limit.

If the lessor entrusts an agent to perform management duties, it shall report in writing to the street and town rental house management service center where the house is located. The entrusted agent shall perform the obligations of the lessor.

Article 11

The lessee shall comply with the following provisions:

* * * 1 * * Use the house according to the planned use, structure and fire safety regulations of the house, and do not change the nature of the house without authorization, and do not engage in other illegal construction activities. If it is found that there are potential safety hazards in the leased house, it shall promptly inform the lessor to eliminate them;

* * * II * * shall not use the leased premises to illegally produce, process, store or operate inflammable, explosive, highly toxic and other dangerous goods;

* * * three * * shall not use rental housing to engage in illegal and criminal activities;

* * * Four * * * to fulfill the responsibility of family planning, married people of childbearing age should consciously accept the guidance of family planning technical services at their place of residence;

* * * Five * * * Provide true and valid certificates, fill in relevant forms truthfully, and cooperate with the management of relevant management departments. The lessee who is not registered in this Municipality shall go through the temporary registration formalities at the street or town rental house management service center where the house is located.

Chapter III Lease Management

Article 12

Rental housing should be registered for the record.

The parties to the house lease shall, within 3 days from the date of signing and changing the contract, go through the registration formalities of the house lease at the street and town rental house management service center where the house is located, and submit the following materials:

* * * Real estate ownership certificate or other legal ownership certificate;

* * * II * * Personal identification certificates of the lessor and lessee or registration certificates of legal persons or other organizations;

* * * Three * * house lease contracts.

The leased house belongs to * * *, and the lessor shall provide written proof that other * * * people agree to rent it; If the house is entrusted for lease, the trustee shall submit the certificate that the client authorizes the lease; If the house is sublet, the sublessor shall submit the proof that the lessor agrees to sublease. If both parties to the house lease terminate the house lease contract, they shall, within 3 days from the date of termination of the house lease contract, inform the street and town rental housing management service center where the house is located in writing and go through the cancellation procedures.

Article 13

The registration of the house lease contract shall be completed within 3 days from the date of receipt of the registration materials.

Article 14

District, county-level city real estate leasing management departments shall conduct a review at the time of registration.

Rental housing has the circumstances listed in Article 9 of the present Provisions, or the lessor fails to perform the obligations listed in Item * * * 1 and Item * * * 2 of Paragraph 1 of Article 10 of the present Provisions, the district/county-level city real estate lease management office shall indicate it when registering and filing, and inform the relevant administrative departments in writing at the same time.

District, county-level city real estate lease management departments for housing lease registration shall, in accordance with the provisions of Article 22 of these measures, review the dangerous houses, illegal buildings and houses with fire safety hazards informed by the departments of land and housing management, public security, planning and urban management comprehensive law enforcement, or inquire the relevant departments about the situation, but shall not increase the burden on the registration applicant.

Article 15

District, county-level city real estate lease management office shall submit the registration of the housing lease contract last month to the city real estate lease management office before the 5th of each month. City real estate rental management office shall guide and supervise the district, county-level city real estate rental management office and street, town rental housing management service center to implement housing rental management.

Article 16

Tenants and residents who are not registered in this Municipality shall apply for temporary registration to the street and town rental house management service center where the leased house is located in accordance with the Regulations of Guangzhou Municipality on the Administration of Temporary Residence Permit for Mobile IC Cards and relevant laws, regulations and rules.

Article 17

Non-local registered tenants and residents who have not applied for the Family Planning Certificate of Floating Population or the Family Planning Service Certificate of Guangdong Province shall go to the street and town rental housing management service center where the rental housing is located in accordance with the provisions of relevant laws and regulations such as the Measures for the Administration of Family Planning of Floating Population.

Article 18

When handling the registration of the house lease contract, the parties to the lease may apply for the relevant matters stipulated in Articles 16 and 17 of these Provisions and the relevant procedures for tax registration.

Street, town rental housing management service center shall publicize the legal basis, handling conditions, procedures, time limit, charging standards and all the materials to be submitted and the demonstration text of the application in the office.

Article 19

When the administrative department for industry and commerce handles the registration of industrial and commercial business license, if the leased house is used as the business place, it shall require the parties to provide the house lease contract registered by the district or county-level city real estate lease management office.

Article 20

The competent tax authorities shall collect taxes in accordance with the relevant tax provisions on house leasing.

Article 21

The administrative departments of land and housing management, public security, family planning, taxation, planning, urban management, industry and commerce shall strengthen the daily inspection of rented houses.

Street, town rental housing management service center should establish a daily inspection system, strengthen information collection, and cooperate with the administrative departments of land and housing management, public security, family planning, taxation, planning and other work. , check the housing rental situation within the jurisdiction of this street and town.

Street, town rental housing management service center shall timely notify the relevant competent departments and district, county-level city real estate rental management office of the housing rental information mastered by daily inspections.

District, county-level city real estate leasing management office shall submit the housing leasing information obtained in accordance with the provisions of the preceding paragraph to the city real estate leasing management office before the 3rd day of each month.

The relevant administrative departments shall promptly deal with the illegal and criminal acts found in the daily inspection and the illegal and criminal acts notified by the rental house management service center according to law.

Article 22

Land and housing management, public security, planning, urban management comprehensive law enforcement and other departments shall timely inform the district and county-level city real estate lease management office of dangerous houses, illegal buildings, houses with fire safety hazards and lessee information.

Article 23

City real estate leasing management office shall sort out the housing leasing records and information submitted by district and county-level city real estate leasing management offices according to Articles 15 and 21 of these measures, and the housing leasing information submitted by real estate intermediary service agencies and property management companies according to Articles 24 and 25 of these measures, and publish them in Guangzhou comprehensive rental housing management information system before the 25th of each month, and notify relevant management departments at the same time. The public security organ announced the housing lease in the comprehensive information management system of floating population in Guangzhou.

The relevant administrative departments shall, according to the housing rental information provided by the Municipal Real Estate Leasing Management Office, strengthen the management of rental houses and promptly investigate and deal with illegal acts according to law.

Article 24

If a real estate intermediary service agency provides leasing brokerage services, it shall inform the parties to the housing lease to handle the housing lease registration procedures, and inform the Municipal Real Estate Leasing Management Office of the names of both parties who sign the housing lease contract through the intermediary service of the agency every half month.

Article 25

The property management company shall not obstruct the administrative organ and the staff of the street and town rental housing management service center from performing their official duties according to law, and inform the Municipal Real Estate Leasing Management Office of the names of both parties to the house leasing relationship and the specific situation of the location of the house stored in the company's property management service area every half month.

Article 26

City, district, county-level city real estate rental management, street, town rental housing management service center staff shall not use the information they have to engage in activities unrelated to housing rental management to seek benefits.

Chapter IV Punishment

Article 27

If the lessor violates the provisions of Article 9 of these Provisions, and the lessor is a natural person, the real estate administrative department shall impose a fine of 10000 yuan * * *; If the lessor is a legal person or other organization, it shall be fined up to 30,000 yuan.

In any of the following circumstances, the relevant administrative departments shall also give the following administrative penalties:

* * * A * * * The lessor violates Item * * 5 of Article 9 of these Provisions, and the rented house belongs to illegal construction. The urban management and planning departments will investigate and deal with it according to the Regulations of Guangzhou Municipality on Investigating and Handling Illegal Construction;

* * * II * * If the lessor violates the provisions of Item * * * 6 of Article 9 of these Provisions, and the rented house is a dangerous house, the real estate administrative department shall punish it in accordance with the Regulations of Guangzhou Municipality on the Administration of House Renovation;

* * * 3 * * If the lessor violates the provisions of Item * * * 7 * * of Article 9 of these Provisions and the rented house does not meet the fire protection standards, the public security organ shall punish it in accordance with the Fire Protection Law of People's Republic of China (PRC). If there is a major fire hazard and it is not corrected after being notified by the public security organ, it shall be punished in accordance with the Regulations of the People's Republic of China on Administrative Penalties for Public Security.

Article 28

In violation of the provisions of Article 10, the lessor shall be given the following administrative penalties:

* * * A * * If the lessor violates the provisions of Item * * * of Paragraph 1 of Article 10 of these Provisions, it will be given a warning by the public security organ, and the monthly rent will be less than 3 times * * *;

* * * II * * Where the lessor, in violation of Item * * * II * * of Paragraph 1 of Article 10 of these Provisions, knows or should know that the lessee is engaged in unlicensed operation and rents out the house, the administrative department for industry and commerce shall order it to immediately stop the rental, confiscate the illegal income and impose a fine of less than 20,000 yuan; Lease the house to the lessee to engage in unlicensed business activities that endanger human health, have major security risks, threaten public safety and destroy environmental resources, and impose a fine of 50,000 yuan to 500,000 yuan;

* * * Three * * * The lessor rents the house to the married floating population of childbearing age without family planning certificate in violation of the provisions of Item * * * of Paragraph 1 of Article 10 of these Provisions; Or if it is found that the lessee or the resident is pregnant and fails to report to the family planning administrative department in time, and the lessor is a natural person, the family planning administrative department will impose a fine of 1000 yuan * * * *; If the lessor is a legal person or other organization, it shall be fined 1000 yuan to 5,000 yuan * * *;

* * * 4 * * If the lessor violates the provisions of Item * * * 4 * * of Paragraph 1 of Article 10 of these Provisions, and fails to sign a letter of guarantee for public security responsibility at the local police station after handling the house lease registration formalities, the public security organ shall order it to complete the formalities within a time limit and confiscate the illegal income. If the circumstances are serious, a fine of less than 5 times the monthly rent may be imposed;

* * * 5 * * Where the lessor violates the provisions of Item * * * 5 * * in the first paragraph of Article 10 of these Provisions and engages in illegal and criminal activities, the relevant administrative departments shall punish him according to law: if he introduces, shelters * * or has sexual relations with prostitutes, he shall be detained, given a warning, ordered to make a statement of repentance or given reeducation through labor according to the provisions. Those who provide rental housing for others' gambling activities shall be detained by the public security organ for less than 15 days, and may be fined not more than 3,000 yuan; Or being reeducated through labor in accordance with regulations; If a crime is constituted, criminal responsibility shall be investigated according to law. Making and selling obscene books, CDs or other obscene articles for others to rent, the public security organ shall detain them for less than five days and may impose a fine of less than 3,000 yuan; Or being reeducated through labor in accordance with regulations; If a crime is constituted, criminal responsibility shall be investigated according to law. Anyone who knows or should know about the production and sale of fake and shoddy goods and provides a place for them shall be ordered by the public security organ to make corrections, confiscate the income and impose a fine of not more than 6,543.8+10,000 yuan * *, and a fine of not less than 654.38+ 0 times and not more than 5 times * * if the income is more than 6,543.8+10,000 yuan; If it constitutes the crime of harboring or sheltering, criminal responsibility shall be investigated according to law;

* * * 6 * * If the lessor, in violation of Item * * * 6 * * of Paragraph 1 of Article 10 of these Provisions, finds that the lessee is engaged in illegal and criminal activities or fails to stop or report suspected illegal and criminal activities, or a case or public security disaster accident occurs, the public security organ shall order it to stop renting, and may concurrently impose a fine of * * which is less than 0/0 of the monthly rent/kloc;

* * * 7 * * If the lessor violates the provisions of Item * * * 9 * * of Article 10 of these Provisions, fails to file tax returns within the prescribed time limit, and fails to pay or underpays the tax payable, the tax authorities shall handle or punish it according to the relevant provisions of the Law of People's Republic of China (PRC) Municipality on the Administration of Tax Collection and its detailed rules for implementation.

Article 29

The lessee in violation of the provisions of article eleventh, given the following administrative penalties:

* * * * * If the lessee violates the provisions of Item * * * in the first paragraph of Article 11 of these Provisions, changes the nature of the use of the building without authorization, or implements other illegal construction behaviors, the planning administrative department and the urban management comprehensive law enforcement department shall handle or punish it according to the Regulations of Guangzhou Municipality on Investigating and Handling Illegal Construction, and other relevant laws and regulations;

* * * II * * If the lessee uses the leased premises to produce, store and deal in inflammable, explosive, highly toxic and other dangerous goods in violation of the provisions of Item * * * II of Paragraph 1 of Article 11 of these Provisions, the goods will be confiscated and the public security organ will impose a monthly rent of * * * below 10 times; If the case constitutes a crime, criminal responsibility shall be investigated according to law;

* * * Three * * If the lessee uses the leased house to engage in illegal and criminal activities, in violation of the provisions of Item * * * in the first paragraph of Article 11, the relevant administrative departments shall punish him according to law;

* * * 4 * * If the lessee violates the provisions of Item * * * 4 * * in the first paragraph of Article 11 of these Provisions and fails to perform the responsibility of family planning, the family planning administrative department shall punish him according to law;

* * * Five * * If the lessee violates the provisions of Item * * * of Paragraph 1 of Article 11 of these Provisions and fails to provide true and valid proof, the public security organ shall give him a warning and impose a monthly rent of less than 3 times * * *.

Article 30

If the lessor fails to register the house lease contract in violation of the provisions of Article 12, the real estate administrative department shall order it to go through the registration formalities within a time limit. If the natural person fails to go through the registration formalities within the time limit, he shall be fined in 50 yuan; If a legal person or other organization fails to go through the registration formalities within the time limit, it shall be fined more than 5,000 yuan/kloc-0,000 yuan.

Article 31

Whoever, in violation of the provisions of Article 17 of these Provisions, refuses to reissue or submit the family planning certificate after the time limit is notified by the family planning administrative department of the current place of residence, shall be given a warning by the family planning administrative department at or above the county level of the current place of residence, and may also be imposed a fine of * * * 500 yuan.

Article 32

If a real estate intermediary service agency violates the provisions of Article 24 of these Provisions and fails to inform the Municipal Real Estate Leasing Management Office of the houses entrusted for lease within the prescribed time limit, and if a property management company violates the provisions of Article 25 of these Provisions and fails to inform the Municipal Real Estate Leasing Management Office of the housing leasing situation within the property management service area of the company within the prescribed time limit, the Municipal Real Estate Management Department shall give it a warning and order it to submit the housing leasing situation within a specified time limit. If it fails to do so within the time limit, it will be fined 10000 yuan * *.

Article 33

In violation of these regulations, refusing or obstructing state staff from performing their duties according to law shall be dealt with by public security organs according to law; If the use of violence or threats constitutes a crime, criminal responsibility shall be investigated by judicial organs according to law.

Article 34

Staff of the State Land and Housing Management, Public Security, Family Planning, Industry and Commerce, Taxation, Planning, Urban Management Comprehensive Law Enforcement, Real Estate Leasing Management and Rental Housing Management Service Center who fail to perform the corresponding duties in these Provisions or abuse their powers, engage in malpractices for selfish ends, and ask for bribes shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter V Supplementary Provisions

Article 35

Lending the house to others for use shall be managed in accordance with these regulations.

Article 36

These Provisions shall apply to foreigners renting houses in this Municipality.

Article 37

The detailed rules for the implementation of these Provisions shall be formulated by the Municipal Rental Housing Management Office in accordance with these Provisions.

Article 38

These Provisions shall be implemented as of May 6, 2005. 199565438+On February 6th, the Measures for the Administration of Housing Lease in Guangzhou was abolished at the same time.