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Benxi City Urban Housing Rental Management Measures (2017 revision)

Article 1: In order to strengthen the management of urban house leasing, maintain the order of the real estate market, and protect the legitimate rights and interests of the parties involved in house leasing, in accordance with the "Urban Real Estate Management Law of the People's Republic of China" and other relevant laws and regulations, These measures are formulated based on the actual situation of our city. Article 2 These Measures shall apply to the management of house leasing on state-owned land within the urban planning areas of this city. Article 3 The municipal real estate administrative department is the administrative department for urban house leasing in this city, and its subordinate municipal house leasing management agency is responsible for the daily work of urban house leasing management in the city.

Relevant departments such as public security, industry and commerce, taxation, civil affairs, and commodity prices should do a good job in urban housing rental management within their respective scope of responsibilities.

Each district sub-district office should assist the real estate, public security, taxation, industry and commerce and other departments in the management of rental housing. Article 4 The term “urban house leasing” as mentioned in these Measures refers to the act in which a house owner or house lessee (hereinafter referred to as the lessor) leases or sub-lets his or her house use rights to others at non-national fixed rent standards and collects rent. .

The following situations are deemed as urban house leasing:

(1) Providing houses for others to use in the name of joint operation, cooperation, partnership, etc. to obtain income;

< p>(2) Enterprises, institutions or social groups use property owned by other than the unit and pay rent;

(3) Divide the site in the house for others to use and obtain profits;< /p>

(4) Subletting or lending the right to use the house in other ways to obtain income;

(5) Other activities that fall under the category of house leasing as stipulated by laws and regulations. Article 5: The house leasing management agency shall provide both parties to the lease with a unified and standardized contract text for reference by the parties. Article 6 Houses under any of the following circumstances shall not be rented out:

(1) Property rights have not been registered in accordance with the law;

(2) There are houses without *** Someone has given written consent;

(3) The house has been identified as dangerous by the housing safety appraisal agency;

(4) The mortgage has been set up without the consent of the mortgagee;

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(5) Judicial organs and administrative organs rule, decide to seal up or otherwise restrict real estate rights in accordance with the law;

(6) Other circumstances stipulated by laws and regulations that prohibit leasing. Article 7: Urban house leasing shall implement a registration and filing system.

(1) When entering into, changing or terminating a lease contract, the parties shall register and file with the municipal housing leasing management agency;

(2) With the consent of the original lessor, the lessee shall sublet For houses, the parties concerned shall enter into a house sublease contract in writing and register and file it with the municipal house leasing management agency. Article 8 The parties concerned shall, within 30 days from the date of signing the lease contract, go to the municipal housing rental management agency to handle the registration and filing procedures with the following original materials:

(1) House rental contract;

(2) "House Ownership Certificate" or "Public Housing Leasing Certificate";

(3) Legal and valid certificates of the parties concerned;

(4) The original lessor agrees to sublease the house Written proof;

(5) Written proof that ***has a house*** and someone agrees to rent the house;

(6) The party entrusts others to handle the house rental registration and filing procedures , you need to submit a power of attorney;

(7) If you want to rent out a house entrusted with custody, you need to submit a legal and valid certificate of the principal’s authorization to rent.

Parties shall be responsible for the authenticity of the materials they submit. Article 9 The municipal house leasing management agency shall register and file those that meet the registration and filing conditions within 3 working days from the date of receipt of the registration and filing materials, and issue a "Housing Rental Certificate" uniformly printed by the municipal real estate administrative department. 》.

The "House Rental Certificate" is a legal and valid certificate for house leasing. Article 10: Real estate, public security, taxation and other departments should establish an information sharing system to exchange house leasing management information in a timely manner.

If you rent a house to engage in production and business activities, the "House Rental Certificate" will be used as a proof of the legality of the business location. If there is no "House Rental Certificate", the public security, taxation and other departments will not handle the relevant procedures.

The "House Rental Certificate" may not be forged, altered, lent or transferred. Article 11 If the "House Rental Certificate" is lost, the party concerned shall apply to the municipal house rental management agency for a replacement within 15 days after announcing it in the newspaper as invalid. Article 12 If any of the following circumstances occurs, the municipal real estate administrative department shall cancel the "House Rental Certificate" and notify the parties in writing:

(1) The application materials are untrue;

< p>(2) The house is lost;

(3) The staff of the municipal house rental management agency makes mistakes, resulting in registration and filing errors;

(4) The legal relationship of the lease is terminated, and the lease The contract is terminated;

(5) Other circumstances stipulated by laws and regulations. Article 13 House lessors shall abide by the following provisions:

(1) City houses shall not be rented to lessees without legal and valid certificates;

(2) The lessee is found to have any Any illegal or criminal activities or suspicion of illegal or criminal activities shall be reported to the public security organs in a timely manner;

(3) Other provisions of laws and regulations.

Article 14 House lessees shall abide by the following provisions:

(1) Provide truthful identification or other legal and valid certificates;

(2) Shall not use the rented house to engage in illegal or criminal activities ;

(3) Without the consent of the lessor, the leased house shall not be lent or sublet to others;

(4) If safety problems are discovered during the use of the house, the tenant shall report it to the landlord in a timely manner. Reports from the lessor and relevant departments;

(5) Comply with relevant national, provincial and municipal regulations and house rental contracts, and ensure that the public facilities of the house are intact during the use of the house and will not affect the use of adjacent users;< /p>

(6) Upon expiration of the lease period, the leased house shall be returned to the lessor on time;

(7) The design use of the house shall not be changed without authorization. If it is really necessary to change the use of the house with the permission of the lessor, the purpose shall be changed in accordance with the law. Go through relevant procedures;

(8) Those who invest in changing the structure or interior layout of the house, demolishing or adding new facilities, or moving the ancillary facilities of the house must obtain the consent of the house owner and then submit it to the municipal real estate administrative department for approval;

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(9) When returning the lease, the house and facilities added during the lease period shall not be removed without the consent of the lessor and shall be handed over to the owner of the house free of charge.

If the lessee’s behavior causes damage to the house and other people’s personal property, the lessee shall be liable for compensation.