Chapter 1 General Provisions Article 1 In order to develop the housing rental market in Xiamen, adjust the surplus and shortage of housing, strengthen the management of housing rental, maintain the order of the housing rental market, and protect the legitimate rights and interests of the leasing parties, according to the "People's Republic of China *The Urban Real Estate Management Law of the People's Republic of China and the "Xiamen Urban Housing Management Regulations" and other laws and regulations are formulated based on the actual conditions of Xiamen City. Article 2 These regulations apply to the leasing of houses within the urban planning areas of Xiamen City.
The leasing of legally constructed temporary buildings shall be governed by these regulations. Article 3 The term "house leasing" as mentioned in these regulations refers to the act in which the house owner, as the lessor, rents out his house to the lessee, and the lessee pays rent to the lessor. If any of the following circumstances occurs, it will be deemed as house leasing:
(1) The house owner provides the house as a business place and cooperates with others to operate it but does not participate in the management and does not bear the business risks and charges fees;
(2) Leasing the business premises in the house. Article 4 The Xiamen Municipal Land and Real Estate Management Department is the administrative department in charge of housing leasing management in Xiamen City (hereinafter referred to as the leasing department). The leasing authority may entrust real estate trading centers, housing management offices and other housing leasing management agencies to be responsible for specific work related to housing leasing management.
The public security, industry and commerce, taxation, price and other departments shall jointly maintain the order of the housing rental market according to their respective responsibilities. Article 5 House leasing shall follow the principles of voluntariness, equality and mutual benefit. Chapter 2 Registration and Filing Article 6 House leasing shall implement the registration and filing and "Housing Rental Certificate" systems. This excludes directly managed public housing rented directly from the leasing authority and residential housing allocated by the unit for employees to live in.
After the house leasing contract is signed, the lessor should go to the leasing authority to go through the leasing registration and filing procedures within 15 days and receive the "Housing Lease Certificate". Article 7 When handling the registration and filing of house leasing, the following documents should be submitted:
(1) Real estate ownership certificate or other valid certificates;
(2) Identity certificates of both parties to the lease;
(3) Lease contract;
(4) Other documents required by laws and regulations.
If you want to rent out a mortgaged house, you must also submit proof that the mortgagee agrees to rent it out.
If you rent *** a house, you must also submit proof that someone else agrees to rent it out.
To rent out a house entrusted with management, you must also submit proof of the principal’s authorization to rent.
If you want to sublet a house, you must also submit proof that the lessor agrees to the sublet. Article 8 The lessor of the house shall truthfully declare the rent amount and pay taxes in accordance with the law. Article 9 The leasing authority shall review the rented house within 15 working days from the date of receipt of the leasing registration and filing documents submitted by the lessor. If it meets these regulations, it shall be registered and filed and a "House Leasing Certificate" shall be issued; If this provision does not apply, registration will not be granted and the lessor will be notified in writing. Article 10 The "House Rental Certificate" is a legal and valid certificate for the house rental behavior.
The "House Rental Certificate" adopts the format provided by the national construction department and is printed by the leasing department. The "House Rental Certificate" cannot be lent, transferred, forged or altered. Article 11 If the lease contract is changed, canceled or terminated, the lessor shall go to the leasing authority to handle the change registration or deregistration procedures within 15 days after the contract is changed, canceled or terminated, and submit the "Housing Lease Certificate".
If the "House Rental Certificate" is lost, the lessor should promptly apply to the original issuing authority for a replacement.
Chapter 3 Rental Article 12 Houses under any of the following circumstances shall not be rented out:
(1) Without real estate ownership certificate or other valid certificates;
(2) Real estate The ownership is in dispute;
(3) The house has been identified as dangerous and cannot be used;
(4) There is a house without the consent of ***;
(5) It has been mortgaged as an asset without the consent of the mortgagee;
(6) It is an illegal construction and has not been dealt with in accordance with the law;
( 7) Judicial organs and administrative organs have ruled, decided to seal up or otherwise restrict real estate rights in accordance with the law;
(8) Other circumstances in which leasing is prohibited according to laws, regulations and rules. Article 13: A written contract must be signed for house leasing.
Housing rental contracts are supervised by the leasing authority. Article 14 The lessor shall provide the lessee with a house within the time limit stipulated in the lease contract. Article 15 House owners who rent out houses on state-owned land with allocated land use rights, including housing reform houses and affordable housing purchased according to housing reform policies (poverty alleviation housing, crisis relief housing, unified construction housing, etc.), shall pay rent in accordance with regulations. Contained land income. The specific standards and methods for collecting income fees shall be formulated by the leasing department in conjunction with the municipal price department and financial department, and shall be promulgated and implemented after approval by the Municipal People's Government. Article 16 The lessor shall be responsible for inspecting and repairing the house and its ancillary facilities in accordance with the responsibilities specified in the lease contract to ensure the safety of the house.
The lessor has the right to supervise the tenant’s use of the house.
The lessor shall abide by the relevant regulations on the security management of rental housing and shall not rent the house to persons without ID cards or other valid identity certificates. If the lessor discovers that the lessee is using the rented house to carry out illegal and criminal activities, it shall report it to the public security organs in a timely manner. Article 17 If the lessor conceals the true situation or causes losses to the lessee by leasing the house whose ownership is disputed, he shall be liable for compensation.