Measures of Datong Municipality on the Administration of House Lease

Article 1 In order to strengthen the management of house leasing, maintain the order of the house leasing market, and protect the legitimate rights and interests of the parties involved in house leasing, these Measures are formulated in accordance with the provisions of the People's Republic of China (PRC) Urban Real Estate Management Law and other laws and regulations, combined with the actual situation of this Municipality. Article 2 These Measures shall apply to the lease and related management activities of houses, industrial and commercial houses, office houses, warehouses, basements and other houses within the urban planning area of this Municipality.

The lease of public housing and low-rent housing priced by the government shall be implemented in accordance with the relevant provisions of the state. Article 3 The term "house leasing" as mentioned in these Measures refers to the behavior of the lessor to lease his house to the lessee for use and obtain income. Fourth housing lease management includes the following acts:

(1) In the name of joint venture, contracting and shareholding. , provide housing for others to use, only get fixed income or share income without being responsible for profit and loss;

(two) to provide space in the house for others to use in the form of counters and booths. , the user pays the agreed rent or pays the profit commission;

(3) Hotels (guest houses, restaurants, hotels, guest houses, etc.) provide their guest rooms or other places to others as fixed office or business premises, which are registered by industry and commerce, and the users pay the agreed rent;

(four) to provide housing for others to use in other forms. Article 5 The parties to house leasing shall follow the principles of voluntariness, fairness, honesty and credit, and pay taxes and fees according to law. Article 6 The municipal real estate administrative department is the administrative department in charge of house leasing in this Municipality.

City real estate transaction management agencies are specifically responsible for the management and registration of housing rental in urban planning areas. Seventh city industry and commerce, local tax, public security and other relevant departments should do a good job in housing lease management according to their respective responsibilities.

Sub-district offices (Township People's governments), residents' (villagers') committees and property service enterprises shall assist in the housing lease management within their respective jurisdictions. Eighth houses under any of the following circumstances shall not be rented:

(1) Failing to obtain the house ownership certificate or other legal ownership certificate according to law;

(2) The judicial organ or administrative organ has ruled or decided to seal it up according to law;

(three) * * there is a house without the written consent of other * * * people;

(four) the ownership or use right of the house is controversial;

(five) does not meet the safety standards;

(six) within the scope of the house demolition announcement issued according to law;

(seven) the mortgaged house without the consent of the mortgagee;

(eight) other circumstances prohibited by laws and regulations. Article 9 The parties to a house lease shall sign a written lease contract according to law. The contents of the lease contract shall be agreed by both parties, and shall generally include the following clauses:

(1) The identity certificate or subject qualification certificate of the lessor;

(two) the location, area, structure, decoration, ancillary facilities and equipment of the house;

(3) Leased purposes;

(4) Term of lease;

(five) the date of delivery of the house and the way of payment of rent;

(six) the use requirements and repair responsibilities of the house;

(seven) the sublease agreement;

(eight) the conditions for the change and termination of the contract;

(9) Rights and obligations of both parties;

(ten) the liability for breach of contract and the way to solve the dispute;

(eleven) other terms agreed by the parties.

The contents of the house lease contract shall be true and lawful, and shall not harm the interests of others and the public. Tenth housing lease registration system.

The parties to the house lease shall, within 30 days from the date of signing or changing the house lease contract, register with the municipal real estate transaction management institution.

Sublease houses should go through sublease registration procedures.

If the lease term expires and the lessor and lessee agree to extend the lease term through consultation, the parties to the lease shall go through the registration formalities again.

A house lease contract that has not been registered for the record shall not be against a third party. Eleventh for housing rental registration, can be applied by the parties, can also be entrusted in writing to others or brokerage agencies engaged in housing rental business.

Rental housing has not been registered for the record, it should be a deadline for housing rental registration. Article 12 To apply for the registration of house lease, the following materials shall be submitted:

(1) Housing lease contract;

(two) housing ownership certificate or other legal ownership certificate;

(3) the identity certificate or qualification certificate of the party concerned;

(four) to lease the entrusted escrow house, it is necessary to submit the certificate of authorization of the client to lease;

(5) If * * * has a house, it must also submit the proof that other * * * people agree to rent it;

(six) if the mortgaged house is rented, the certificate of consent of the mortgagee must be submitted;

(seven) if the house is sublet, the certificate of consent of the original lessor shall be submitted;

(eight) to rent a house within the scope of a farmer's homestead, it is necessary to submit a homestead use certificate.

The parties concerned shall be responsible for the authenticity, legality and validity of the application materials. Thirteenth to apply for housing lease registration, the lessor shall pay the housing lease fee in accordance with the relevant provisions of the state, province and city. If the lessor fails to pay on time, the lessee shall remit it. If the lessee pays, it can offset the rent.