Regulations of Haikou Municipality on the Administration of Housing Leasing

Chapter I General Provisions Article 1 In order to strengthen the management of house leasing, standardize the behavior of house leasing, and safeguard the legitimate rights and interests of the parties and the public interests, these Regulations 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. Article 2 These Regulations shall apply to the house leasing and its supervision and management activities within the main urban area of this Municipality.

The rental of affordable housing shall be carried out in accordance with the relevant provisions of the state, province and this Municipality. Article 3 The term "house lease" as mentioned in these Regulations refers to the behavior that the lessor delivers houses, industrial and commercial houses, office houses, warehouses and other houses to the lessee for use, and the lessee pays rent to the lessor. Article 4 Housing leasing activities shall follow the principles of voluntariness, fairness and good faith.

Housing lease management adheres to the principle of combining housing management with population management and combining management with service, and implements territorial management and classified management. Article 5 The municipal and district people's governments shall strengthen the organization, leadership and coordination of housing lease management, and promote the healthy development of the housing lease market. Article 6 The municipal housing administrative department is the competent department of housing leasing in this Municipality, and is responsible for organizing the implementation of these Regulations.

The district housing administrative department is responsible for the supervision and management of housing leasing within its jurisdiction in accordance with the division of responsibilities, and accepts the guidance of the municipal housing administrative department in business.

City and district housing administrative departments may entrust legally established organizations with the function of managing public affairs to be responsible for the specific work of housing lease management.

Public security, industry and commerce, population and family planning, health, urban management and law enforcement, planning, taxation and other administrative departments shall, in accordance with their respective responsibilities, supervise and manage housing leasing according to law. Seventh town people's government, street offices to assist the district housing administrative departments in the area to carry out housing rental management related work. Article 8 The municipal housing administrative department shall establish a comprehensive housing lease management information system in this Municipality, form an information exchange and sharing mechanism with relevant functional departments, and provide housing lease information services for units and individuals.

The departments and their staff who manage and use housing lease information shall keep the information of the parties to housing lease confidential and safeguard the legitimate rights and interests of the parties. Chapter II Specification for Lease Article 9 The building structure, equipment and facilities of the leased house shall meet the safety conditions of construction, fire control and sanitation, and shall not endanger personal safety.

Rental of residential houses should be based on the original design of the room as the minimum rental unit, and the per capita rental construction area should not be lower than the minimum standard of this Municipality. The minimum standard of per capita rental construction area in this Municipality shall be stipulated by the Municipal People's Government and announced to the public.

Kitchen, bathroom, balcony and underground storage room shall not be rented for people to live in. Tenth houses under any of the following circumstances shall not be rented:

(a) illegal construction;

(two) does not meet the mandatory standards for safety, disaster prevention and other engineering construction;

(three) in violation of laws and regulations to change the nature of housing use;

(four) other circumstances in which laws and regulations prohibit rental. Eleventh rental housing, the lessor and the lessee shall sign a housing lease contract according to law. The contents of the contract shall be agreed by the parties, and generally include the following clauses:

(a) the name, domicile, name and valid ID number of the party concerned;

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

(three) the delivery date, lease term, purpose and use requirements of the leased house;

(four) the amount and payment method of rent and deposit;

(five) the commitment of property service fees and utilities such as water, electricity, gas and communication;

(six) housing repair, safety, fire and other responsibilities;

(seven) renewal, exchange and sublease agreement;

(8) Conditions for changing or terminating the contract;

(nine) the way to deal with the house when it is expropriated or demolished;

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

(eleven) other matters agreed by both parties.

If a residential house is leased, the actual number of residents shall be specified in the house lease contract.

The municipal housing administrative department shall, jointly with the municipal administrative department for industry and commerce, formulate a model text of the housing lease contract and publish it on the website of the department for the reference of the parties. Twelfth housing lessors shall abide by the following provisions in housing leasing activities:

(a) to show the lessee the proof of legal ownership of the leased house, and check the valid identity documents of the lessee;

(two) in accordance with the relevant provisions of the contract or laws and regulations, regularly check and maintain the safety of rented houses, facilities and equipment, find and eliminate potential safety hazards in time, and ensure the safety of use;

(three) shall not harm the public interest or interfere with the normal work and life of others;

(four) truthfully declare the rent and pay taxes according to law;

(five) to assist the relevant administrative departments in the implementation of housing lease management according to law, and to cooperate with the collection of housing lease information;

(six) found in the rental housing suspected of illegal and criminal acts, timely report to the public security organs or other relevant administrative departments;

(seven) other relevant provisions of laws and regulations.