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Regulations of Zhengzhou Municipality on the Administration of Urban Housing Lease (revised on 20 19)

Chapter I General Provisions Article 1 In order to strengthen the management of urban housing lease, maintain the order of the housing lease market and safeguard the legitimate rights and interests of the parties involved in housing lease, these Regulations are formulated in accordance with the Law of People's Republic of China (PRC) Municipality on Urban Real Estate Management and other relevant laws and regulations, and combined with the actual situation of this Municipality. Article 2 The term "lease of houses" as mentioned in these Regulations refers to the behavior that citizens, legal persons or other organizations, as lessors, lease all their houses to the lessee for use, and the lessee pays the rent to the lessor. Article 3 The following acts shall be regarded as house leasing:

(a) the premises or facilities in the house are provided to others for local use;

(2) In the name of joint venture or shareholding. , provide housing for others to use, only get fixed income, not responsible for profit and loss;

(three) to provide housing to others in the form of wages and benefits paid by others;

(four) to provide housing for others to use in other forms. Article 4 These Regulations shall apply to the lease of houses within the urban area of this Municipality (excluding Shang Jie District).

These regulations are not applicable to the lease of public housing and low-rent housing priced by the government. Article 5 The principle of voluntariness, compensation, fairness, honesty and credibility shall be followed in house leasing. Article 6 The real estate management department of the Municipal People's Government shall be in charge of the management of urban housing lease in this Municipality.

City industry and commerce, taxation, public security, price, finance, land and other relevant departments should do a good job in the management of urban housing rental within their respective responsibilities. Chapter II Registration Management Article 7 A registration and filing system shall be implemented for house leasing.

The establishment, alteration and termination of the housing lease relationship, the parties shall, within fifteen days from the date of signing, alteration and termination of the lease contract, apply to the municipal real estate management department for registration with the following materials or certificates:

(a) the identity or qualification certificate of the lessor and the lessee;

(two) all of the housing or other legal documents;

(3) Lease contract;

(4) If renting a house in * * *, it is required to submit written proof that other * * * people agree to rent it;

(five) the lease of the entrusted escrow house, it is necessary to submit a written certificate of the client's authorization to lease; If the client is abroad, the authorization certificate of entrusted rental must be notarized according to law;

(six) other materials or certificates as prescribed by laws, regulations and rules.

The lease of military houses shall be handled in accordance with the relevant provisions of the military real estate lease management. Eighth rental housing structure and ancillary facilities shall meet the safety conditions of construction, fire protection and other aspects. 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) was identified as a dangerous house;

(four) in violation of regulations to change the nature or use of the house;

(five) other circumstances in which laws, regulations or rules prohibit rental. Article 9 The real estate management department shall conduct examination and on-site verification within three working days from the date of receiving the application for registration. In accordance with the provisions of these regulations, register and issue housing lease certificates; If it does not conform to the provisions of these regulations, it shall not be registered, but the parties concerned shall be given a written reply. Tenth housing lease certificate is an effective certificate of housing lease management.

If the leased house is engaged in production and business activities, the house lease certificate shall be used as the legal certificate of the right to use the business premises. If the house is rented for residence, the house lease certificate shall be regarded as one of the documents for temporary registration by the public security department. Eleventh housing lease certificate is lost, it shall apply to the original registration authority for a replacement.

It is strictly forbidden to forge, alter, lend or transfer the house lease certificate. Twelfth housing lease registration, the parties shall truthfully declare the rent, and shall not resort to deceit. Thirteenth in any of the following circumstances, the real estate management department shall cancel the registration and recover the house lease certificate:

(a) the statement is false;

(2) the house is lost;

(three) there are major security risks in the house, which is not suitable for continued rental.

If the real estate management department improperly examines and registers incorrectly, it shall promptly correct it. Article 14 If a house owner rents out a house built on state-owned land that has obtained the right to use by allocation for profit, he shall turn over the land income included in the rent to the state. Specific measures for land revenue collection shall be implemented in accordance with the provisions of the Municipal People's Government. Article 15 The lessor shall pay taxes according to law. Taxes shall be collected by tax authorities or by real estate management departments entrusted by tax authorities. Sixteenth real estate management departments should regularly or irregularly supervise and inspect the housing lease.

Real estate management personnel in the supervision and inspection of housing lease, should produce law enforcement certificates, housing lessors and lessees should cooperate, and truthfully provide relevant information, and shall not conceal or resort to deceit. Chapter III Lease Contract Article 17 For the lease of a house, the lessor and the lessee shall sign a written lease contract, and a unified model text may be used.

The real estate management department shall provide the lessor and lessee with a unified model text of the house lease contract free of charge. Article 18 A house lease contract shall have the following clauses:

(1) The name and domicile of the party concerned;

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

(3) Leased purposes;

(4) Term of lease;

(5) Rent and its payment method;

(6) responsibility for house repair;

(7) sublease agreement;

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

(nine) the liability for breach of contract and the way to resolve disputes;

(10) Other terms agreed by the parties.