Chapter I General Principles

Article 1 These Regulations are formulated in accordance with the provisions of the Civil Code of the People's Republic of China, the Law of the People's Republic of China on Urban Real Estate Management and other relevant laws and administrative regulations, and in combination with the actual situation of this Municipality, in order to standardize the housing leasing behavior, protect the legitimate rights and interests of the parties involved in housing leasing, and promote the healthy development of the housing leasing market.

Article 2 These Regulations shall apply to the housing lease and its supervision and management within the administrative area of this Municipality.

Article 3 This Municipality practices the important concept of People's City, adheres to the position that houses are used for living, not for speculation, cultivates and develops the housing rental market, promotes the formation of a housing rental system with orderly management, standardized service and stable lease relationship, and accelerates the establishment of a housing system with multi-agent supply, multi-channel guarantee and simultaneous rent and purchase to meet the multi-level housing needs of residents.

Article 4 This Municipality shall establish and improve the governance mechanism of urban overall planning, compartmentalization, street and town (township) responsibility, village assistance and industry self-discipline in housing leasing, and bring housing leasing activities into the category of grassroots governance.

Article 5 The Municipal People's Government shall strengthen its leadership over the housing leasing work in this Municipality, establish and improve the deliberation and coordination mechanism, study and decide on major issues of housing leasing work, and make overall arrangements, coordinate and promote the housing leasing related work.

The District People's Government shall implement the responsibility of territorial management of housing lease, establish a coordinated promotion mechanism of housing lease, and make overall plans to promote the management of housing lease in this area.

Sixth city housing and urban construction management department is responsible for the comprehensive coordination of housing rental work in this city.

The municipal housing management department is the administrative department in charge of housing leasing in this Municipality, responsible for formulating relevant planning and policies for housing leasing, and undertaking the management responsibilities of housing leasing supervision and management, housing leasing operation, real estate brokerage and other industries. District housing management department is responsible for the specific supervision and management of housing leasing in this area, and guides neighborhood offices and township people's governments to carry out housing leasing related work.

The public security department is responsible for the public security management and population management of housing lease.

The market supervision department is responsible for the registration of relevant market entities in housing leasing, and investigates and deals with unfair competition, monopoly, advertising, price and other illegal acts involving housing leasing.

Development and reform, planning resources, agriculture and rural areas, economic informationization, finance, taxation, financial supervision, civil affairs, emergency management, urban management and law enforcement, education, human resources and social security, network information and other departments, as well as fire rescue agencies, shall do a good job in relevant work according to their respective responsibilities.

Seventh street offices and Township People's governments are responsible for the daily supervision and management of housing leasing in their respective jurisdictions, and guide residents' committees and villagers' committees to do a good job in housing leasing.

Residents' committees and villagers' committees shall organize residents and villagers to carry out self-government activities related to housing leasing according to law, and assist neighborhood offices and township people's governments to do a good job in housing leasing.

Article 8 On the basis of overall consideration of population, industry, land and key development areas, this Municipality focuses on the rental needs of different groups, rationally plans the scale and structure of rental housing supply, and determines the development goals, main tasks and supporting measures of housing rental in accordance with the principles of job-residence balance, simultaneous growth and storage, layout optimization and adaptation of supply and demand, and incorporates them into the housing development plan.

When preparing the annual residential land supply plan, the land supply plan for rental housing should be listed separately.

Article 9 This Municipality will increase the supply of rental housing through various channels by adding state-owned construction land and using existing state-owned construction land to build rental housing, matching rental housing in new commercial housing projects, rebuilding rental housing with non-residential stock housing, building rental housing with collective construction land and renting idle housing.

Article 10 The municipal and district people's governments and their relevant departments shall improve the policies and measures related to housing leasing, deepen institutional innovation, increase the overall planning of resources, and comprehensively use policies such as planning, land, finance, taxation and finance to increase support for housing leasing.

Article 11 Relying on the platform of "One Network Office" and "One Network Unified Management", this Municipality has established and improved a unified public housing rental service platform (hereinafter referred to as the housing rental platform) in accordance with the principle of combining service and management, and made full use of information technology to promote data sharing, innovate service methods and improve management efficiency.

Article 12 Housing leasing-related industry organizations shall strengthen industry self-discipline, formulate housing leasing service standards, codes of conduct and self-discipline standards, carry out vocational training and evaluation, strengthen industry mediation of housing leasing disputes, promote legitimate and fair competition and honest operation of enterprises, and guide enterprises to continuously improve service quality and level.

Article 13 This Municipality shall establish and improve a diversified solution mechanism for housing lease contradictions and disputes, and comprehensively use people's mediation, industry mediation, administrative mediation and judicial mediation to co-ordinate the mediation of housing lease contradictions and disputes, so as to properly resolve contradictions and disputes in a timely manner. The relevant departments shall provide support and guidance for the mediation of housing lease contradictions and disputes according to law.

Chapter II Lease and Lease

Article 14 The parties to the lease shall abide by the provisions of the Civil Code of the People's Republic of China and other laws and regulations, and consciously perform their statutory and agreed obligations in accordance with the principles of equality, voluntariness, fairness and good faith.

Fifteenth rental housing shall comply with the following provisions:

(a) the house meets the standards and requirements of the state and this Municipality in terms of construction, fire protection, public security, disaster prevention, sanitation and environmental protection;

(2) Having the necessary living conditions such as water supply and power supply;

(three) to the original design or approved by the relevant departments to rebuild the room as the minimum rental unit;

(four) kitchens, bathrooms, balconies, storage rooms and other non-residential spaces shall not be rented out separately for living;

(five) the number of people living in each room and the per capita living area comply with the relevant provisions of this Municipality;

(six) other provisions of laws, regulations and rules.

It is forbidden to use housing for group rent in violation of the provisions of items 3 to 5 of the preceding paragraph.

It is forbidden to use illegal buildings, houses that change the nature of use without authorization and other houses that are not allowed to be rented according to law for rental.

Article 16 The lessor and lessee shall conclude a housing lease contract according to law. Encourage lessors and lessees to sign online contracts through the housing rental platform.

Housing lease contracts generally include the following contents:

(a) the identity information and contact information of the lessor, lessee and * * * residents;

(two) increase the conditions of * * * with the residents;

(three) the basic situation of the house and its ancillary facilities and equipment;

(four) the purpose of the lease, the requirements for the use of the house and the responsibility for maintenance;

(five) the lease term and the delivery date of the house;

(six) the amount of rent and deposit, payment method and time limit;

(seven) the way to bear the related expenses such as property services, water, electricity, heat and gas;

(eight) the liability for breach of contract and the way to solve the dispute;

(nine) other contents agreed by the parties to the lease.

The municipal housing management department shall, jointly with the municipal market supervision department, formulate and improve the model text of the housing lease contract.

Encourage lease parties to conclude long-term housing lease contracts and establish a stable lease relationship.

Seventeenth the lessor shall, within thirty days after the conclusion of the housing lease contract, register with the district housing management department. Registration can also be handled through community affairs acceptance service agencies or housing rental platforms. In case of any change in the contents of registration, the lessor shall go through the formalities for change within thirty days.

Materials such as housing lease contract, identity certificate and housing ownership certificate shall be submitted for registration and filing, and false materials shall not be submitted. No unit or individual may issue false certification materials for registration and filing.

Article 18 The lessor shall abide by the following provisions:

(a) to produce proof of identity and proof of ownership of the house to the lessee;

(two) shall not provide identification materials to the natural person, legal person or unincorporated organization rental housing;

(three) to be responsible for the safety of the leased house and the facilities and equipment provided, to inform the lessee of the safe use, and to make an agreement with the lessee to carry out safety inspection;

(four) found that the lessee has illegal behavior in the house, timely report to the relevant departments, and cooperate with the relevant departments to carry out investigation, stop and punishment;

(five) shall not stop water supply, power supply, heating, gas supply and other ways to deliberately lower service standards, or take violence, threats and other illegal ways to force the lessee to change or terminate the housing lease contract and recover the leased housing in advance;

(six) other provisions of laws, regulations and rules.

Article 19 The lessee shall abide by the following provisions:

(a) to show the lessor the identity documents of the lessee and the residents;

(two) the rational and safe use of houses, facilities and equipment, and shall not arbitrarily change the purpose and structure of houses or carry out illegal construction;

(three) to decorate the house or add facilities and equipment, with the consent of the lessor;

(four) abide by the management regulations or village rules and regulations, and shall not harm the legitimate rights and interests of adjacent rights holders;

(5) Other provisions of laws, regulations and rules.

Article 20 Lessors and lessees are encouraged to take out property insurance and personal accident insurance for leased houses.

Chapter III Housing Lease Operation

Twenty-first housing rental enterprises and real estate brokerage institutions shall handle the registration of market entities according to law. The business scope shall indicate "housing lease" or "real estate broker".

Individuals who sublease houses for profit and engage in housing leasing business activities shall register market entities according to law. Specific provisions shall be formulated by the municipal housing management department in conjunction with the municipal market supervision department.

Twenty-second housing rental enterprises and real estate brokerage institutions shall, within thirty days from the date of obtaining the business license, file with the district housing management department.

Housing leasing enterprises and real estate brokerage institutions should have their own funds, professionals, management systems and risk prevention and control capabilities that are commensurate with the scale of operation.

Twenty-third this city implements the real-name employment system for employees of housing leasing enterprises and real estate brokerage institutions.

Housing leasing enterprises and real estate brokerage institutions shall handle employment information cards for employees. Employees should hold the real name of the employment information card, and indicate the number of the employment information card on the housing lease contract and real estate brokerage contract that they provide services.

The content and style of the employment information card shall be uniformly stipulated by the municipal housing management department.

Housing leasing enterprises and real estate brokerage institutions shall strengthen the management of employees, and urge them to be honest and standardize their employment.

Article 24 Where a housing leasing enterprise or real estate brokerage agency releases housing information to the outside world, it shall verify the housing ownership certificate and basic conditions, ensure that the housing information is true and effective, and shall not publish false housing information. The housing information that has been sold shall be revoked in time.

Housing leasing enterprises and real estate brokerage institutions that publish housing information through the network information platform shall also indicate the enterprise filing information and employee information.

Twenty-fifth through the network information platform to publish housing information, network information platform operators should require information publishers to submit identity, address, contact information and housing verification and other information; If the information publisher is a housing leasing enterprise or a real estate brokerage institution, it shall also be required to submit the enterprise filing information and the information of its employees.

The network information platform operator shall verify the materials submitted by the information publisher, and establish a file, which shall be kept for not less than three years.

The network information platform operator can accept the entrustment of the information publisher to check the housing on his behalf.

Twenty-sixth network information platform operators know or should know that information publishers provide false materials and publish false information, they should take necessary measures such as deleting and shielding relevant information in time; If necessary measures are not taken, they shall be jointly and severally liable with the information publisher according to law.

For information publishers who have been subjected to more than three administrative penalties for illegally publishing housing information within two years, or during the period of suspension of business for rectification, the network information platform operators shall take measures to restrict their publishing of housing information within a certain period of time according to law.

Twenty-seventh housing leasing enterprises, real estate brokerage institutions in the conclusion of housing leasing contracts or real estate brokerage contracts, should truthfully explain the housing situation, the factors that may affect the use of rental housing and safe use of matters, written notice to the lessee.

Twenty-eighth housing rental enterprises should complete online signing and registration through the housing rental platform.

If the parties to the lease conclude a housing lease contract through a real estate agency, the real estate agency shall complete the online signing and registration through the housing lease platform.

Twenty-ninth housing rental enterprises engaged in subletting personal housing business, should be in accordance with the provisions, open a special account for the supervision of housing rental transaction funds in commercial banks, and through the housing rental platform to the public.

The part of the housing leasing enterprise that collects the rent from the lessee for more than three months at a time, and the part that collects the deposit for more than one month's rent, shall be deposited in the special account for the supervision of housing leasing transaction funds.

The specific provisions on the supervision of housing lease transaction funds shall be formulated by the municipal housing management department in conjunction with the financial management department.

Legal basis:

Regulations of Shanghai Municipality on Housing Lease