Regulations of Beijing Municipality on Housing Lease

Chapter I General Provisions Article 1 These Regulations are formulated in accordance with relevant laws and administrative regulations and in light of the actual situation of this Municipality for the purpose of regulating housing leasing activities, protecting the legitimate rights and interests of leasing parties, stabilizing the housing leasing relationship, promoting the healthy development of the housing leasing market and promoting the realization of housing. Article 2 These Regulations shall apply to the lease of houses between natural persons, legal persons and unincorporated organizations within the administrative area of this Municipality and their supervision and management activities.

These Regulations shall not apply to the lease of urban public housing and public rental housing. Article 3 This Municipality insists that houses are used for living, not for speculation, and improves the housing policy of both renting and purchasing, and supports residents to solve housing problems and improve their living conditions through leasing. Article 4 This Municipality shall rationally plan the supply scale of rental housing, optimize the spatial layout, promote the balance between occupation and residence, and incorporate rental housing into the housing development plan; In the preparation of the annual residential land supply plan, the rental housing land supply plan is prepared separately.

The city encourages the construction of affordable rental housing and expands the supply of affordable rental housing. Article 5 This Municipality shall increase the supply of rental housing through multiple channels, and encourage the implementation by adding or using existing land to build rental housing, building new commercial housing projects to build rental housing, transforming non-residential stock housing into rental housing according to regulations, and renting eligible idle housing. Article 6 This Municipality adheres to the principle of combining housing rental management with services, and incorporates housing rental activities into the grass-roots governance system, and establishes a governance mechanism of overall urban planning, street and township responsibility, compartmentalization and village assistance; Make full use of scientific and technological means, innovate service methods, promote data sharing, and provide standardized, convenient and efficient housing lease management services for lease parties. Article 7 The municipal and district people's governments shall co-ordinate the housing lease management within their respective administrative areas.

Housing and urban and rural construction or housing authorities are responsible for the comprehensive supervision and management of housing leasing and the management of housing leasing business and real estate brokerage industry.

The public security organ is responsible for the public security management of house leasing and the information registration of the leasing parties.

The market supervision and management department shall be responsible for the registration of market entities related to house leasing, and investigate and deal with illegal acts such as monopoly, unfair competition, advertising and price.

The agricultural and rural departments are responsible for guiding the supervision and management of the lease of idle houses in rural homesteads.

Planning and natural resources, human resources and social security, health, network information, financial supervision, fire rescue and other departments shall do relevant work according to their respective responsibilities. Article 8 Sub-district offices and township people's governments shall strengthen the daily supervision and management of house leasing within their respective jurisdictions, and guide residents' committees, villagers' committees and village collective economic organizations to do a good job in house leasing. Article 9 Residents' committees and villagers' committees shall, under the guidance of sub-district offices and township people's governments, assist in the management and service of house leasing, organize the formulation of management regulations, strengthen autonomous management, and prevent and resolve contradictions and disputes. Tenth housing leasing, real estate brokerage and other industry organizations should strengthen industry self-discipline, establish and improve industry service standards, codes of conduct and professional ethics, regularly carry out professional skills training and assessment of employees, and strengthen industry mediation of housing leasing disputes. Article 11 This Municipality shall establish and improve a diversified housing lease dispute settlement mechanism. Disputes arising from house leasing shall be settled by both parties through consultation; Unwilling to negotiate or if negotiation fails, they may apply to relevant associations, trade organizations, relevant government departments and people's mediation organizations for mediation, or apply for arbitration or bring a lawsuit according to law.

The relevant departments shall strengthen the guidance of grassroots people's mediation and industry mediation in housing lease disputes according to law.

Enterprises engaged in housing leasing business, real estate brokerage agencies and Internet information platforms shall establish complaint handling mechanisms to properly resolve leasing conflicts and disputes in a timely manner. Chapter II Lease and Lease Article 12 The parties to the lease shall abide by the provisions of the Civil Code of People's Republic of China (PRC) and other laws and regulations, and consciously perform their legal and contractual obligations in accordance with the principles of equality, voluntariness, fairness and good faith.

The legitimate rights and interests of the parties to the lease are protected by law. No organization or individual may infringe upon the personal information rights and interests of the leasing parties.

During the validity period of the lease contract, the lessee, as the user of the property, shall abide by the laws and regulations on property management, enjoy the property services as agreed, and use the property safely and reasonably. Thirteenth rental housing shall comply with the following provisions:

(a) the house conforms to the national and municipal safety regulations and standards on construction, public safety and indoor air quality;

(2) Having basic living conditions such as water supply and power supply;

(three) to the original planning and design of the room as the smallest rental unit, not to change the internal structure of the house;

(four) the living room shall not be rented separately, and the non-residential space such as kitchen, bathroom, balcony and storage room shall not be rented for living;

(five) the per capita use area and the number of people living in each room comply with the relevant provisions;

(six) other provisions of laws, regulations and rules.

It is forbidden to rent illegal buildings and other houses that cannot be rented according to law. Article 14 The lessor and lessee of a house lease shall sign a written lease contract according to law. This Municipality encourages both parties to sign long-term lease contracts and establish a stable lease relationship.

Housing lease contracts generally include the following contents:

(a) the identity information and contact information of the lessor, lessee and other actual residents;

(2) Location, area, ancillary facilities, furniture, household appliances and other indoor facilities;

(three) the amount of rent and deposit, the payment period and method, the amount of deposit is generally not more than one month's rent;

(four) the purpose and use requirements of the leased house;

(5) Term of lease;

(six) the responsibility for the maintenance of houses and ancillary facilities;

(seven) the way to bear the related expenses of property services, water, electricity, heat and gas;

(eight) a reasonable notice period for the termination of the contract;

(nine) dispute resolution and liability for breach of contract;

(10) Other contents agreed by the parties.

The municipal housing and urban-rural construction department shall, jointly with the market supervision and management department, formulate and improve the model text of the housing lease contract for the reference of the leasing parties.