Comments on Beijing commercial housing lease contract involving rent and rent-free period.

On April/0/5, Beijing Municipal Commission of Housing and Urban-Rural Development and Beijing Municipal Bureau of Market Supervision issued the Announcement on Soliciting Opinions on the Model Text of Beijing Commercial Office Lease Contract, and the time for soliciting opinions was from April/0/5 to April 22, 2022.

Prior to this, the commercial office lease contract always referred to the model text of the house lease contract. The Model Text of Beijing Commercial Office House Lease Contract for public consultation (referred to as the Draft Model Text for Soliciting Opinions) is accurately applicable to the lease of commercial and office houses and has strong pertinence and applicability.

The exposure draft of the model text clarifies the rights and obligations of the leasing parties, prevents common leasing disputes and safeguards the legitimate rights and interests of the leasing parties. Commercial office space refers to a house planned or registered as a commercial or office space on the real estate registration certificate. On the basis of the general lease relationship, the contents of the contract increase mainly include rent and rent-free period, agreed use fee, registration with market participants, and supporting handover and acceptance procedures.

In terms of rent and rent-free period, there are many ways to calculate the rent of commercial buildings. The draft model text for soliciting opinions includes daily, monthly and annual pricing methods, which is convenient for both parties to calculate the amount. In addition, rent-free period is a common agreement in commercial housing leasing, and it is also included in the draft model text for comments.

In terms of agreed usage fees, the draft model text for soliciting opinions includes general charging standards for fees incurred in the use process, such as electricity, water, parking fees, property fees, etc., which not only embodies prior notice, but also has contractual binding force to avoid arbitrary charges and price adjustment.

In line with the registration of market entities, the draft model text for comments puts forward whether the leased house can be used as the residence of market entities or unincorporated organizations such as enterprise legal persons. If the lessee needs to register the residence/address, the lessor shall provide the materials required for registration, which shall be issued by the lessor as agreed.

In addition, in terms of supporting handover and acceptance procedures, the exposure draft of the model text stipulates that when the house is delivered, both parties should check the payment of the house, articles and various expenses, and sign or seal the confirmation form of house handover and acceptance to avoid subsequent disputes.

In this regard, Zhao, secretary-general of the Beijing Real Estate Agency Industry Association, said that the model text for this consultation is specifically applicable to housing leasing for commercial and office purposes, which is more professional, targeted and applicable; Providing a basis for negotiation and consultation between the two parties will help reduce the negotiation cost and contract disputes between the two parties.