Measures of Wuxi Municipality on the Administration of House Lease

The "measures" of Wuxi city housing lease management has been deliberated and adopted at the fifth executive meeting of the Municipal People's Government on June 27, 2008, and is hereby promulgated.

Mayor Mao Xiaoping

Press release issued on 18 August 2008

Measures of Wuxi Municipality on the Administration of House Lease

Article 1 In order to strengthen the management of house leasing, standardize the leasing order and protect the legitimate rights and interests of the parties, these Measures are formulated in accordance with the relevant laws and regulations and combined with the actual situation of this Municipality.

Article 2 The term "house lease" as mentioned in these Measures 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 3 These Measures shall apply to the lease and management of houses within the administrative area of this Municipality.

Article 4 Housing lease management shall adhere to the principle of combining legal management with efficiency management, and combining rental management with population management.

Fifth city, city (county), district real estate management bureau is the administrative department in charge of housing lease in this city, and is responsible for housing lease management according to the division of responsibilities.

Community affairs institutions established by sub-district offices (towns) are entrusted by the municipal (county) and district housing rental administrative departments, responsible for the daily management of housing rental in this community, and accept the guidance and supervision of the municipal (county) and district housing rental administrative departments. Encourage community affairs institutions to carry out centralized housing rental activities.

The population and family planning department is responsible for the management and service of population and family planning of housing tenants.

The public security department is responsible for the security management, fire control management and residence permit management of non-local registered tenants.

The administrative department for industry and commerce is responsible for investigating and dealing with illegal acts such as operating rental houses without a license, and investigating and dealing with illegal housing rental intermediary service institutions.

The tax department is responsible for the tax collection and management of house leasing.

Urban management and planning departments are responsible for investigating and dealing with illegal buildings and changing the use of houses for rent without authorization.

The labor and social security department is responsible for the employment guidance of housing tenants.

The town people's government, neighborhood offices and neighborhood (village) committees shall assist in the management of house leasing.

Sixth housing rental administrative departments shall establish an information sharing system with the departments of population and family planning, public security, taxation, industry and commerce, and exchange housing rental information.

Public security, taxation, industry and commerce departments found that the parties did not apply for housing registration, it should promptly inform the housing rental administrative departments.

Article 7 A house with a house ownership certificate or legal certificate may be rented, but a house under any of the following circumstances may not be rented:

(a) * * * owns the house without the written consent of the owner of * * * *;

(2) It is an illegal building;

(3) Dangerous houses that cannot be used as determined by the relevant competent authorities;

(four) confirmed by the relevant competent departments of the existence of major fire and safety hazards;

(five) has been included in the scope of housing demolition notice;

(six) the judicial organs and administrative organs have ruled or decided to seal up or restrict the real estate rights in other forms according to law;

(seven) to change the purpose of the house, it must be approved by the relevant departments without approval;

(eight) other circumstances stipulated by laws, regulations and rules.

The relevant departments shall promptly notify the municipal, city (county) housing rental administrative department after mastering the situation specified in the preceding paragraph, and the municipal, city (county) housing rental administrative department shall establish a housing rental information database.

Eighth residential housing rental must have basic living and safety facilities, the per capita construction area shall not be less than 12 square meters; If the rented house is a dormitory, the per capita construction area shall not be less than 6 square meters.

Article 9 The parties to a house lease may establish a house lease relationship by themselves or through a legally established house lease intermediary agency.

Article 10 The lessor and lessee of a house shall follow the principles of voluntariness, fairness, honesty and credit, and establish a house lease relationship according to law.

The municipal administrative department of housing lease shall, jointly with the relevant departments, formulate and publish the contract text of housing lease format for the convenience of the parties involved in housing lease.

Article 11 This Municipality implements the housing lease registration system.

If the parties establish a house lease relationship by themselves, the lessor shall inform the lessee and handle the house lease registration and filing procedures together with the lessee; If a house leasing relationship is established through a house leasing agency, the house leasing agency shall inform the parties to the house leasing in writing to handle the registration and filing procedures for the house leasing.

If the lessee is not registered in this city, the lessor and the house leasing agency shall also inform and assist the lessee in writing to declare residence registration or apply for residence certificate.

Twelfth housing rental parties shall, within 30 days from the date of the establishment or change of the housing rental relationship, handle the housing rental registration formalities with the following materials to the community affairs agency where the house is located:

(a) the certificate of ownership of the house or the legal source of the house;

(2) Identity certificates of both parties to the lease;

(three) the housing lease contract or other materials indicating the establishment of the housing lease relationship;

(four) other materials as prescribed by laws, regulations and rules.

The leased house belongs to * * *, and the lessor shall also provide written proof that other * * * people agree to rent it; If the house is rented out on an escrow basis, the trustee shall provide a certificate of authorization from the client; If the house is sublet, the sublessor shall submit the proof that the lessor agrees to sublease.

Article 13 If a party to a house lease changes or terminates the lease contract ahead of schedule, the party concerned shall go through the registration procedures of change and cancellation within 10 days from the date of change and termination of the house lease contract; If the house lease contract expires and the lease is renewed, the house lease registration formalities shall be handled in accordance with the provisions of these measures; When the house lease contract expires, the lease contract will automatically become invalid, and there is no need to go through the contract filing and cancellation procedures.

Article 14 The community affairs agency shall, within 3 working days from the date of receiving the application for housing lease filing, register the rented houses that meet the requirements of these Measures, and issue the Housing Lease Registration Certificate and the Housing Lease Registration Card respectively, and require the lessor to sign the Commitment Letter on Social Responsibility of Housing Lease, and the lessee to sign the Letter of Responsibility for Wuxi Citizens' Civilization and Law-abiding; Do not conform to the provisions of these measures, shall not be registered, and give a written reply to the applicant.

Community affairs institutions shall, when handling the registration of rental houses, collect relevant information of the lessee's population at the same time in accordance with the regulations; Send a copy of the house lease contract or other materials indicating the establishment of the house lease relationship to the tax authorities for the record within 15 days; If the lessee is not registered in this city, it shall also inform him in writing to declare residence registration or apply for residence certificate.

Fifteenth "housing rental registration card" by the municipal administrative department of housing rental unified production and numbering, including the following contents:

(a) the name, address, valid identity documents and their numbers and contact information of the parties to the house lease;

(two) the location, area, floor, apartment type, purpose and starting and ending time of the lease;

(three) the unified number of the rental housing.

There is no charge for making and issuing house lease registration cards.

Article 16 The lessor shall pay the lease tax according to law.

Housing rental taxes and fees shall be managed on behalf of the tax authorities, and community affairs agencies shall be entrusted by the tax authorities to collect housing rental taxes and fees.

Seventeenth city, city (county) housing rental administrative departments should be based on market changes, regularly publish classified housing rental guidance rent.

Eighteenth housing lessors shall comply with the following provisions:

(a) shall not be leased to units and individuals without valid identification;

(two) found in the rental house or the lessee suspected of illegal and criminal acts, timely report to the public security organs;

(3) The lessor shall report to the public security department if the floating population has not applied for residence registration for 7 days, or if the floating population who should apply for residence certificate for 30 days according to the regulations has not applied for residence certificate;

(four) found that the lessee is pregnant or giving birth, timely report to the population and family planning departments where the leased house is located;

(five) to assist the relevant administrative departments in the implementation of housing lease management according to law, and to assist the community affairs agencies in collecting relevant information of the lessee in accordance with the regulations;

(six) other requirements stipulated by laws, regulations and rules.

Article 19 The lessee shall abide by the following provisions:

(a) to provide legal and valid identification, truthfully fill in the relevant forms, and cooperate with the management of relevant departments;

(two) shall not use the rental housing to engage in illegal and criminal activities;

(3) If the lessee is a person of childbearing age, he shall accept the family planning management and services in his place of residence;

(four) the use of housing in accordance with the planning purposes, structure and fire safety requirements, shall not arbitrarily change the nature of the use of rental housing, or other illegal construction activities;

(5) Abide by the property management regulations of the residential area where the leased house is located, and shall not infringe upon the legitimate rights and interests of other owners;

(six) other requirements stipulated by laws, regulations and rules.

Twentieth rental housing engaged in production and operation, when handling the business license or going through the formalities with the relevant departments, it shall provide the housing lease contract and the housing lease registration certificate.

Twenty-first intermediary service institutions engaged in housing leasing shall handle industrial and commercial registration according to law, and shall, within 30 days from the date of receiving the business license, go to the municipal, city (county) housing leasing administrative department for the record.

Twenty-second in violation of the provisions of these measures, the rental housing has not been registered, and the administrative department of housing rental shall order it to be handled within a time limit; Fails to handle, the administrative department of housing leasing may impose a fine of more than 200 yuan and less than 500 yuan on the parties to residential leasing; A fine of 654.38 million yuan or more shall be imposed on the lessor of non-residential lease, and a fine of 654.38 million yuan or more and 5,000 yuan or less shall be imposed on the lessee of non-residential lease.

Twenty-third in violation of the provisions of these measures, the housing rental intermediary service agencies did not inform the parties in writing to handle the housing rental registration procedures, the housing rental administrative department shall order it to make corrections within a time limit; Refuses to correct, the administrative department of housing leasing may impose a fine of more than 500 yuan 1000 yuan on the housing leasing intermediary service institution.

Twenty-fourth in violation of the provisions of these measures, the housing rental intermediary service institutions are not timely to the city, city (county) housing rental administrative departments for the record, the city, city (county) housing rental administrative departments shall be ordered to make corrections within a time limit; Refuses to make corrections within the time limit, the city, city (county) housing rental administrative departments may impose a fine of 5000 yuan to 65438 yuan on the housing rental intermediary service institutions.

Twenty-fifth in violation of other provisions of these measures, which are within the scope of responsibilities of the relevant departments, shall be punished by the relevant departments in accordance with the provisions of laws, regulations and rules.

Twenty-sixth housing rental management personnel in the housing rental work dereliction of duty, abuse of power, corruption, by their units or the higher authorities to give administrative sanctions; If a crime is constituted, criminal responsibility shall be investigated according to law.

Twenty-seventh rental of non-residential housing with the construction of staff quarters, the dormitory part of the rental, should be in accordance with the provisions of these measures for residential rental procedures.

The lease management of public housing and low-rent housing priced by the government shall be implemented in accordance with relevant laws and regulations.

Twenty-eighth the implementation since June 6, 2008. 1On April 9, 993, the Measures for the Administration of House Leasing promulgated by Wuxi Municipal People's Government shall be abolished at the same time.