How to explain the individual housing lease contract in Shanghai?

The lease contract is the basis for the landlord and tenant to lease the house, and the future use, maintenance and lease of the house are maintained by virtue of the contract. However, the lease contract in Shanghai is different from that in other provinces and cities, mainly including the general situation, use, lease term, rent and maintenance of the house. Therefore, this paper specifically interprets the individual housing lease contract in Shanghai. 1. This contract is applicable to the pre-lease of commercial houses within the administrative area of this Municipality and the lease of houses whose rent is determined through negotiation according to the principle of marketization, excluding the lease of public residential houses rented according to the rent standard stipulated by the municipal government, the lease of non-residential houses rented by administrative allocation and the lease of public welfare houses invested by the government, and the lease of private residential houses rented according to the rent standard stipulated by the municipal government before the implementation of this Ordinance. 2. Pre-lease is limited to commercial housing invested and built by real estate development enterprises and has obtained pre-sale permit, but commercial housing that has been pre-sold by real estate development enterprises shall not be pre-leased; Commercial housing buyers are not allowed to pre-rent pre-purchased commercial housing. 3. The lease or pre-lease in the terms of this contract is a suggestive symbol, indicating that the terms are applicable to lease or pre-lease. When this contract is used as a house lease contract, only the contents marked with the lease part can be used; As a pre-lease contract for commercial housing, only the terms of the pre-lease part and the supplementary terms "pre-lease related matters" can be used as general terms, which are applicable to both the pre-lease and the lease. Four. If this contract is used for the pre-lease of commercial housing, after the completion of the commercial housing, the real estate development enterprise has gone through the initial registration of real estate and obtained the property right certificate, and both parties in the pre-lease shall sign the handover book for the use of commercial housing. The contract was converted into a house lease contract, and the original pre-lease clauses in the contract have been fulfilled. V. The text of this contract is a model text (for Trial Implementation) formulated by the Municipal Real Estate Resources Bureau and the Shanghai Administration for Industry and Commerce in accordance with the Regulations of Shanghai Municipality on Housing Lease. The same terms and conditions are suggestive terms agreed by both parties. Matters not covered in this contract can be clarified through supplementary terms reached by both parties through consultation. Before the signing of this contract, the lessor shall issue the property right certificate or other ownership certificate to the lessee, and the real estate development enterprise shall issue the pre-sale permit to the pre-lessee. And submit relevant identification certificates to each other. If the house is leased to migrant workers, the lessor shall also show the public security license issued by the public security department. Seven. Within 15 days after the signing of this contract, the parties concerned shall handle the contract registration and filing as required. Among them, if the house is leased, it shall be handled at the real estate trading center or the farm system acceptance office where the house is located, and the lease contract registration certificate shall be obtained; Belong to the pre-leased goods, the export of commercial housing should be registered with the city real estate trading center; Domestic commercial housing should be registered at the real estate trading center where the house is located. After the pre-leased commercial housing is completed and the real estate ownership certificate is obtained, both parties shall conclude a handover book for the use of the pre-leased commercial housing, and then register with the real estate trading center or the farm system acceptance office where the house is located according to regulations to obtain the registration certificate of the lease contract. After the lease contract is registered and put on record, if there are repeated facts such as pre-lease, lease, house transfer during the lease period or disposition after mortgage, it can be used against a third party. Eight. If one party requests registration and the other party refuses to cooperate, the party requesting registration and filing can handle registration and filing with this contract, valid identity documents and other relevant documents. Nine, the housing lease deposit is a performance guarantee measure. When renting a house, the lessor may agree with the lessee in the contract to collect the house lease deposit. The amount of the lease deposit shall be agreed by both parties. When the lease relationship is terminated, the housing lease deposit shall be returned to the lessee in addition to offsetting the expenses agreed in the contract. X. The text of this contract can be purchased at the real estate trading center or the farm system acceptance office in the city or district/county where the house is located. Before using this contract, both parties shall carefully read and understand the contents of each clause. XI。 This contract is a model text for both parties' reference. 12. If the lease relationship of this contract is represented or mediated by a brokerage institution, both parties shall require the brokerage institution and the broker to sign and seal the last page of this contract. House Lease Pre-lease of commercial housing in Shanghai (ContractNo.:) Both parties to this contract: Lessor (Party A): Lessor (Party B): Pre-lessor (Party A): Pre-lessee (Party B): On the basis of equality, voluntariness, fairness, honesty and credibility, in accordance with the provisions of the People's Republic of China (PRC) Contract Law and the Shanghai Housing Lease Regulations (hereinafter referred to as the Regulations). Party A and Party B agree that Party B can lease the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. _ _ _ _ _ _ 1. Lease or pre-lease of the house 1- 1 Party A _ _ _ _ _ (lease/pre-lease) Our house was given to Party B in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Party A has shown Party B: 1) Leased real estate certificate/house ownership certificate/_ _ _ _ _ _ _ _ _ _ _; [Certificate number. : _ _ _ _ _ _ _ _] .2) Pre-lease and Pre-sale Permit [LicenseNo.: _ _ _ _ _ _]. 1-2 Party A establishes a lease relationship with Party B, and Party A is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. 1-3 scope of use, conditions and requirements of public or shared parts of the house; The status of existing decoration, ancillary facilities and equipment, as well as the contents, standards and related matters of Party A's consent to Party B's own decoration and addition of ancillary facilities are listed in Annexes (2) and (3) respectively. Party A and Party B agree that, when this contract is terminated, the annex shall be used as the acceptance basis for Party A to deliver the house to Party B and Party B to return the house to Party A.. Two. Lease purpose 2- 1 Party B promises to lease the house to Party A at a rent of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Three. Delivery date and lease term 3- 1 Both parties agree that Party A shall deliver the house to Party B before _ _ _ _ _ _ _ _ _. The lease term of the leased house starts from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. The specific lease term of the pre-lease shall be agreed upon by both parties when signing the Handover Letter for the Use of Commercial House according to this Contract. 3-2 When the lease expires, Party A has the right to take back the house, and Party B shall return it as scheduled. If Party B needs to continue to lease the house, it shall submit a written request to Party A _ _ _ months before the expiration of the lease term, and re-sign the lease contract after Party A agrees. Rent, payment method and term 4- 1 Party A and Party B agree that the daily rent per square meter of construction area of the house is (_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ The total monthly rent is (_ _ _ _ _ _ _ _) _ _ _ _ yuan. (in words: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ The rent of the house will remain unchanged at _ _ _ _ _ _ (year/month). From _ _ _ _ _ _ (year/month), both parties can adjust the rent through consultation. Relevant adjustment matters shall be agreed by both parties in the supplementary terms. 4-2 Party B shall pay the rent to Party A before _ _ _ every month. For one day overdue, Party B shall pay _ _ _% of the daily rent as penalty. 4-3 The way for Party B to pay the rent is as follows: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. V. Security deposit and other expenses 5- 1 Party A and Party B agree that when Party A delivers the house, Party B shall pay Party A a security deposit for renting the house, and the amount of the security deposit is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. After receiving the deposit, Party A shall issue a receipt voucher to Party B. When the lease relationship is terminated, the house lease deposit collected by Party A shall be returned to Party B without interest, except for offsetting the expenses agreed to be borne by Party B in this contract. 5-2 During the lease term, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 5-3 _ _ _ _ _ _ _ (Party A/Party B) shall bear the above expenses, calculation or allocation method, payment method and time: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Party A shall carry out maintenance after receiving the notice from Party B. If it fails to do so within the time limit, Party B may carry out maintenance on its behalf, and the expenses shall be borne by Party A. 6-2 During the lease period, Party B shall reasonably use and care for the house and its ancillary facilities. If the house and its ancillary facilities are damaged or broken down due to improper or unreasonable use by Party B, Party B shall be responsible for maintenance. If Party B refuses to repair, Party A can repair it on behalf of Party B, and the expenses shall be borne by Party B. 6-3 During the lease period, Party A guarantees that the house and its ancillary facilities are in normal use and safe state. Party A shall notify Party B _ _ _ _ _ _ days in advance when inspecting and maintaining the house. During the inspection and maintenance, Party B shall cooperate. Party A shall reduce the impact on Party B's use of the house. 6-4 In addition to Annex (3) of this contract, if Party B needs to decorate or add ancillary facilities and equipment, it shall obtain the written consent of Party A in advance, and after being approved by the relevant departments according to regulations, it shall be submitted to the relevant departments for approval by _ _ _ _ _ (Party A/Party A entrusts Party B). The ancillary facilities and equipment added by Party B and their maintenance responsibilities shall be separately agreed by Party A and Party B in writing. Seven. State of the house at the time of return 7- 1 Unless Party A agrees to Party B's lease renewal, Party B shall return the house within _ _ _ _ _ _ 7-2, and the house returned by Party B shall conform to the state after normal use. Upon return, Party A shall check and accept and settle their respective fees. Eight. Sublease, transfer and exchange 8- 1 Unless Party A has agreed to sublease Party B in the supplementary clauses of this contract, Party B shall obtain Party A's written consent in advance before subletting the house to others. However, the same house may not be divided and sublet. 8-2 If Party B subleases the house, it shall sign a written sublease contract with the lessee as required. And according to the regulations, go to the county real estate trading center or the farm system acceptance office where the house is located to register. 8-3 During the lease period, Party B must obtain the written consent of Party A when transferring the house to others or exchanging it with the house rented by others. After the transfer or exchange, the transferee or exchanger of the house lease right shall sign a contract with Party A to change the lease subject and continue to perform this contract. 8-4 During the lease period, if Party A needs to sell the house, it shall notify Party B three months in advance. Under the same conditions, Party B has the preemptive right. Nine. Conditions for Dissolution of the Contract 9- 1 Both parties agree that during the lease period, this contract will be terminated under any of the following circumstances, and both parties will not be responsible for each other: (1) Take back the land use right within the occupied area of the house in advance according to law; (two) due to social and public interests, the house was expropriated according to law; (three) due to the needs of urban construction, the house is included in the scope of housing demolition permit according to law; (4) The house is damaged, lost or identified as a dangerous house; (5) Party A has informed Party B that the house has been mortgaged before renting and is being punished. (6) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ The breaching party shall pay the other party a penalty of _ _ _ _ _ times the monthly rent; If losses are caused to both parties, and the liquidated damages paid are not enough to make up for the losses in Fu Yifang, the difference between the losses and liquidated damages shall also be compensated: (1) Party A fails to deliver the house on time and fails to deliver it within days after being urged by Party B; (2) The house delivered by Party A does not meet the stipulations of this contract, and the purpose of lease cannot be achieved; Or the house delivered by Party A is defective, endangering the safety of Party B. (3) Party B changes the use of the house without Party A's consent, resulting in damage to the house; (4) The main structure of the house is damaged due to Party B; (5) Party B sublets the house, transfers the lease right of the house or exchanges the leased house with others without authorization; (6) Party B is in arrears with the rent for more than one month; (7) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ X. Liability for breach of contract10/Where the house is defective at the time of delivery, Party A shall, from the date of delivery. If it is not repaired within the time limit, Party A agrees to reduce the rent and change the relevant rent terms. 10-2 if party a fails to inform party b in this contract that the house has been mortgaged or the transfer of property rights has been restricted, thus causing losses to party b, party a shall be responsible for compensation. 10-3 during the lease period, if Party A fails to perform the repair and maintenance responsibilities agreed in this contract in time, resulting in damage to the house, property loss or personal injury to Party B, Party A shall be liable for compensation. During the lease period of 10-4, if Party A terminates this contract without authorization and takes back the house in advance, Party A shall pay Party B _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 10-5 If Party B decorates the house or increases ancillary facilities without or beyond the written consent of Party A, Party A may request Party B to _ _ _ _ _ _ _ _ (restore the house to its original state/compensate for losses). During the lease term of 10-6, if Party B withdraws the lease without authorization, Party B shall pay liquidated damages to Party A according to _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Party A can deduct it from the lease deposit. If the deposit is insufficient to be deducted, Party B shall pay the insufficient part separately. XI。 Other terms 1 1- 1 During the lease term, if Party A needs to mortgage the house, it shall inform Party B in writing and promise that Party B will ask for Party B's opinions on the purchase of the house in writing _ _ _ _ _ _ days before both parties agree to dispose of the house by discount or sale. 1 1-2 This contract shall come into effect on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Within/0/5 days after the entry into force, Party A shall be responsible for going to the district/county real estate trading center or the farm system acceptance office where the house is located for registration and filing, and obtaining the house lease registration and filing certificate; After the contract is registered and put on record, if the contract is changed or terminated, _ _ _ _ _ _ (Party A/Party B) shall be responsible for handling the registration and filing procedures for the change and termination at the original registration authority within 15 days from the date of termination of the contract change. Party A shall bear all the responsibilities for legal disputes caused by Party A's failure to register, change or terminate the registration of house lease. 1 1-3 For matters not covered in this contract, Party A and Party B may sign supplementary clauses through negotiation ... The supplementary clauses and annexes of this contract are an integral part of this contract, and the words filled in the blank parts of this contract and its supplementary clauses and annexes have the same effect as the printed ones. 1 1-4 When signing this contract, Party A and Party B clearly understand their respective rights, obligations and responsibilities, and are willing to strictly implement the provisions of this contract. If one party violates this contract, the other party has the right to claim compensation according to the provisions of this contract. 1 1-5 Any dispute between Party A and Party B during the performance of this contract shall be settled through negotiation; If no settlement can be reached through negotiation, both parties agree to choose the second option below and bring a lawsuit to the people's court according to law. 1 1-6 this contract and its annexes are in _ _ _ _ _ _ _. Among them, Party A and Party B each hold one copy. A copy of the acceptance office of the real estate trading center or farm bureau, see/_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ The purpose of advance payment is _ _ _ _ _ _ _ _. 1-2 The pre-leased commercial house delivered by Party A must meet the following _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (2) The commodity is not residential and has obtained the completion acceptance certificate; Commercial housing, obtained the "new residential delivery permit". If Party A and Party B agree to choose the above option (2), this supplementary clause shall specify the rights, obligations and risk responsibilities of both parties during the delivery of the house and the signing of the use handover book. 1-3 Party A and Party B agree that if the above option 1 is selected, Party A shall notify Party B to sign the pre-leased commercial housing use handover book within _ _ _ _ _ days after obtaining the property right certificate of newly-built commercial housing, and deliver the pre-leased commercial housing at the same time as signing the pre-leased commercial housing use handover book. If the above second method is selected, Party A shall obtain the property right certificate of the newly-built commercial house within _ _ _ _ _ days after the delivery of the house, and notify Party B to sign the use handover book of the pre-leased commercial house. 1-4 The date of signing the pre-leased commercial house is the lease start date. 1-5 The actual construction area of the leased house is subject to the actual construction area measured by the surveying and mapping agency recognized by Shanghai Housing and Land Resources Administration after the house is completed. If the error between the actually measured area and the temporarily measured area agreed by both parties exceeds _ _ _ _ _% (including _ _ _ _ _%), Party B has the right to terminate this contract. 1-6 Both parties agree that in any of the following circumstances, one party may require the other party to bear the liability for breach of contract. The specific liability for breach of contract shall be separately agreed by both parties in the supplementary terms: 1. Party A's overdue delivery of the house: the house delivered by Party A does not conform to the stipulations in Annex (3) of this contract; 3. Party A or Party B terminates the contract without authorization before the delivery of the house; 4、 _________________________________________________。 1-7 During the pre-lease period, Party B shall not sublease, transfer or exchange the lease right of the house. Two. Other related matters: Annex I-Building Plan-Conditions and Requirements-(Paste here. The condition of ancillary facilities and equipment and the agreement that Party A agrees that Party B will decorate and add ancillary facilities and equipment by itself. : Lessee (Party B): Nationality: Nationality: Legal Representative: Legal Representative: Registration Certificate/IDNo.: Registration Certificate/ ID number: address: address: zip code: telephone: entrusted agent: entrusted agent: signature and seal: signature and seal: date of signing: date of signing: place of signing: place of signing: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _