The provisions of the housing lease, refers to the lessor will be rented to the lessee to use, the lessee to pay rent to the lessor's behavior. Article 3 The Municipal Real Estate Administration is the administrative department of the city housing lease, responsible for the organization and implementation of the provisions.
District and county real estate management bureau is responsible for their respective jurisdictions within the administrative management of housing leasing, business by the leadership of the Municipal Real Estate Administration. Article IV of the housing lease should follow the voluntary, fair, paid and honest principle, and should pay taxes and fees according to law.
The parties to the housing lease shall not use the leased premises for illegal activities, shall not harm the interests of the public ****. Chapter II scope of the lease and conditions of Article 5 of the lease of housing, including residential housing and non-residential housing.
The housing has one of the following circumstances, may not be rented:
(a) not obtained in accordance with the law, the certificate of ownership of housing or other legal title certificate;
(b) *** have the housing, without the written consent of all *** people;
(c) change the use of the housing without the approval of the municipal or district or county real estate management bureau;
(d) identified as the housing, without the approval of the city or county real estate management bureau;
(a) the housing is a good example of the use of the housing. p> (D) identified as dangerous housing;
(E) belonging to illegal construction;
(F) laws, regulations, rules and regulations shall not be rented housing in other cases. Article 6 Any one of the following circumstances shall be regarded as a lease of housing:
(1) the lessor provides the right to use the housing as a condition for cooperation and partnership with others, and does not participate in the management and does not bear the risk but obtains the income;
(2) the division of the site in the housing to provide for the use of other people and obtain the income;
(3) other ways disguised as a lease, subletting of the housing. (c) Renting or subletting the housing in other disguised ways. Article 7 The tenant of housing refers to the following units and individuals:
(a) natural persons, legal persons or other organizations with ownership of the housing;
(b) legal persons or other organizations authorized to operate and manage the housing;
(c) the house of the escrowee;
(d) other rights determined by laws, regulations and rules.
Housing tenants can be natural persons, legal persons or other organizations within or outside the Chinese People's **** and State. Article VIII engaged in housing rental business activities of the unit shall hold the City Real Estate Administration issued by the housing rental business qualification certificate. Article IX rental housing should provide proof of land use.
Rental of commercial and residential buildings for food and beverage, entertainment, bathing, washing and dyeing and other business activities, the leaseholder shall obtain prior written consent of the adjacent relations of the house, and shall be in accordance with the relevant provisions of the state and the city for the relevant procedures.
Rental of housing under construction, should be in line with the state and the city's pre-sale of commercial real estate conditions. Chapter III of the housing lease contract Article 10 The parties to the housing lease shall be in writing to enter into a housing lease contract. The content of the housing lease contract agreed by the parties, generally including the following terms:
(a) the name of the parties to the lease, the name, residence;
(b) the location of the house, area, structure, renovation, appurtenances and equipment;
(c) the use of the lease;
(d) the term of the lease;
(e) the house Delivery date;
(vi) Amount of rent, method and period of rent payment;
(vii) Requirements for the use of the house and responsibility for maintenance;
(viii) Agreement on subletting of the house;
(ix) State of the house upon its return and disposal of the additions;
(x) Conditions for the alteration and termination of the contract;
(xi) Liability for breach of contract and settlement of disputes;
(xii) Other terms agreed by the parties.
The model housing lease contract by the Municipal Real Estate Administration in conjunction with the Municipal Administration for Industry and Commerce *** with the development. Article XI of the following housing rental, shall implement the municipal people's government approved rent standards:
(a) public residential housing;
(b) the administrative allocation of non-residential housing for rent;
(c) government investment in the construction of non-residential housing of public welfare;
(d) the municipal people's government provisions of other housing.
The rent of the housing other than those stipulated in the preceding paragraph shall be determined by the parties to the housing lease with reference to the guide rent issued by the relevant departments of the municipal people's government. Article 12 The term of the housing lease shall be determined by the parties to the housing lease, but shall not exceed the land use right transfer contract, the land lease contract agreed upon the land use period and shall not exceed 20 years.
The expiration of the housing lease period, the parties to the housing lease may renew the housing lease contract, but the renewal of the contract of the housing lease from the date of renewal of the contract shall not exceed the land use right transfer contract, the land lease contract agreed upon the land use period and shall not exceed 20 years. Article XIII of the parties to the housing lease for foreign or Hong Kong, Macao, Taiwan, natural persons, legal persons or other organizations, the housing tenant shall, from the date of the conclusion of the housing lease contract or change within 30 days, to the Municipal Real Estate Administration Bureau of the housing lease registration procedures.
Other than the provisions of the preceding paragraph of the housing tenant shall, from the date of the conclusion of the lease contract or change within 30 days, to the district and county real estate administration for housing lease registration procedures.
Without the registration of the housing lease contract, not against third parties.