天津市房屋租赁管理规定(Tianjin city housing rental management).doc

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1、天津市房屋租赁管理规定(Tianjin city housing rental management)Regulations of Tianjin Municipality on the administration of house leaseDispatch unit: Tianjin Municipal Peoples GovernmentNumber: government order No. seventy-secondRelease date: published on September 5, 2002, revised in June 30, 2004Date of execu

2、tion: 2004-7-1Provisions of Tianjin Municipality on the administration of house lease (Amendment)Chapter I General ProvisionsArticle 1 These Regulations are formulated in accordance with the relevant provisions of the state and in light of the actual conditions of this Municipality, in order to regu

3、late the rental behavior of the city, safeguard the order of the rental housing market and protect the lawful rights and interests of the parties to the lease of the house.Article second of these regulations applicable to the citys administrative areas of housing rental and management activities.The

4、 term house lease as mentioned in the present Provisions refers to the behavior of the lessor for renting the house to the lessee and paying the rent to the lessor by the lessee.Third city real estate administration is the city housing lease administrative departments, is responsible for the impleme

5、ntation of the provisions of the organization.The district and county real estate administration is responsible for the administration of housing lease within their respective jurisdictions, and is under the leadership of the municipal real estate bureau.Fourth rental housing should follow the princ

6、iple of voluntariness, fairness, compensation and good faith, and should pay taxes and fees in accordance with the law.House leasing parties may not use rental housing for illegal activities, shall not harm the public interest.The second chapter, the scope and conditions of leasingFifth rental housi

7、ng, including residential and non residential housing.No house may be rented under any of the following circumstances:Failing to obtain the certificate of ownership of the house or other lawful ownership of the property in accordance with the law;(two) the common houses are not approved in writing b

8、y the whole joint owner;(three) being identified as a dangerous house;(four) it belongs to illegal construction;(five) other circumstances prohibited by laws, regulations and regulations.Article sixth of any of the following circumstances, as a housing lease:(1) the lessor shall, in accordance with

9、the conditions for the use of the right to use the house, cooperate with others and work in partnership without taking risks and obtain income;(two) dividing the site of the house for use by others and obtaining benefits;(three) rent or sublet houses in disguised form.Seventh housing lessors refers

10、to the following units and individuals:(I) natural persons, legal persons or other organizations with ownership of the house;(two) a legal person or other organization authorized to operate or manage a house;(three) the custodian of the house;(four) other rights determined by laws, regulations and r

11、ules.The lessee may be a natural, legal person or other organization within or outside the territory of the Peoples Republic of China.Eighth units engaged in rental housing business activities should be obtained from the enterprise legal person business license or legal person certificate within 30

12、days from the date to the City Real Estate Management Bureau for the record.Ninth rental housing should provide proof of land use.Rental residential and commercial buildings Deshang for catering, entertainment, bathing, washing and other business activities, housing lessors should prior written cons

13、ent of the housing adjacent relations,The relevant procedures shall be handled in accordance with the relevant regulations of the state and the city.Rental housing in the construction should be in line with the state and the citys pre-sale housing conditions.The third chapter housing lease contractT

14、enth housing rental parties should be written in the form of housing lease contract. The contents of a house lease contract shall be agreed upon by the parties and include the following articles in general:(1) the name or domicile of the party concerned in the lease;(two) the location, area, structu

15、re, decoration, facilities and equipment of the house;(three) leasing purposes;(four) lease term;(five) housing delivery date;(six) the amount of rent, the form of payment and the term of payment;(seven) housing use requirements and maintenance responsibilities;(eight) the agreement of house subleas

16、e;(nine) the state of the return of the house and the disposal of the added substance;(ten) conditions for modification and termination of the contract;(eleven) liability for breach of contract and resolution of disputes;(twelve) other terms agreed upon by the parties.Sign a housing lease contract,

17、you can use a unified formulation of the model text.Article eleventh rental of the following houses, should be implemented by the Municipal Peoples Government approved the rent standards:(I) public housing;(two) non residential housing which is rented out by administrative arrangement;(three) public

18、 welfare non residential buildings invested by the government;(four) other houses as prescribed by the Municipal Peoples government.The rent of other houses other than those specified in the preceding paragraph shall be determined by the parties concerned in consultation with the guidance fees issue

19、d by the relevant departments of the Municipal Peoples government.Twelfth housing lease term negotiated by the parties to determine the lease, but not more than the right to use the land leasing contract, the land lease contract agreed on the number of years of land use, and shall not exceed 20 year

20、s.Housing rental housing lease period expires, the parties may renew the lease contract, but the contract renewal housing lease period from the date of renewal of the contract shall not exceed the contract transferring land use rights, land leasing contract between land use and length shall not exce

21、ed 20 years.Thirteenth rental housing rental housing contract between the two sides should be made from the date of change or change within 30 days, to the District, county real estate authority for housing rental registration procedures.The rental party for foreign or Hong Kong, Macao and Taiwan re

22、gions natural persons, legal persons and other organizations and their investment enterprises, both rental housing should be within 30 days since the housing lease contract or the date of the change to the city real estate management authority for housing rental registration procedures.If one party

23、fails to go through the registration formalities for the lease of the house to the registration institution for some reasons, it shall entrust the other party to handle it in writing.A house lease contract without registration shall not stand against third persons.Fourteenth housing lessors for hous

24、ing rental registration procedures, the following materials should be submitted:(I) housing lease contract;(two) certificate of ownership of the house or certificate of the lawful ownership of the house;(three) the identity certificate of the lessor;(four) rental housing escrow, to provide escrow es

25、crow agreement to lease proof;(five) to rent a common house, and provide proof that other co owners agree to rent it;(six) rental housing belongs to the provisions of the ninth paragraph of the second provisions of the provision of housing adjacent to the consent of the written evidence.Fifteenth ci

26、ty or district and county real estate authority should receive the housing rental registration from the date of filing within 5 working days, the materials are complete, shall be registered for the record, and issued a registration certificate.Prohibit the registration certificate forgery, alter, le

27、nd, transfer.The fourth chapter is the rights and obligations of the partiesThe sixteenth lessor shall, in accordance with the lease agreement of the house, deliver the house to the lessee.Where the lessor fails to deliver the house on time, the lessee may urge the lessor to deliver the goods within

28、 a specified time limit; the lessee may rescind the lease contract of the house after the overdue delivery.If the house delivered by the lessor does not conform to the stipulation of the lease contract of the house, the lessee may rescind the lease contract of the house if the purpose of the lease c

29、an not be realized.If the lessor fails to deliver the house or deliver the house to the lessee on time, and does not meet the lease agreement, he shall be liable for breach of contract.Seventeenth rental housing delivery flawed, and no housing lease contract agreement, affecting the normal use of th

30、e lessee, the lessee has the right to ask the lessor to repair within a reasonable period of time; overdue repair, the lessee has the right to terminate the lease contract.Before the lease of the eighteenth house has been mortgaged, the lessor shall notify the lessee in writing of the lease contract

31、. If the lessor fails to inform the lessor that the leased building has been mortgaged in the written form and causes losses to the lessee, he shall be liable for compensation.Where the lessor mortgaged the leased house, he shall notify the lessee in writing, and the original housing lease contract

32、shall continue to be valid.Nineteenth lessors should rental housing and its facilities and equipment regularly checked, timely maintenance and maintenance, to ensure that the lessee living safety and normal use. The lessor shall bear the responsibility for compensation for any personal injury or pro

33、perty damage caused by the delay in repair. Where the lease contract of the house is otherwise stipulated, the contract shall be agreed upon.The twentieth lessee shall use the house in accordance with the lease agreement of the house. If the house is damaged due to the lessee, the lessee shall be re

34、sponsible for the restoration, and the lessee shall not be liable for the loss of the house.Article twenty-first lessee change the residential nature of the use of housing, housing decoration or add ancillary facilities, shall obtain the written consent of the lessor, the ancillary facilities should

35、 add its ownership and maintenance responsibilities shall be determined by the parties to the lease. If it is required to be approved by the relevant department in accordance with the regulations, it shall be subject to approval.If the lessee does not decorate the house with the consent of the lesso

36、r or exceed the scope and requirements of the lessors consent, the lessor shall have the right to demand the lessee to restore the original condition or to compensate for the loss.The twenty-second lessor shall collect the rent in accordance with the lease agreement of the house. Unless otherwise st

37、ipulated in the lease contract of the house,The lessor shall not charge the lessee other expenses other than the rent.The lessee shall pay the rent in accordance with the lease agreement of the house. If the lessee delays the payment of the rent, he shall be liable for breach of contract in accordan

38、ce with the lease agreement of the house.Article twenty-third lessor during the lease period as a gift, inheritance or analysis of production, way of sale and rental housing will be transferred to others, the original housing lease contract shall continue to be valid, the assignee shall continue to

39、perform the original rental contract.Where the lessor sells the leased house during the lease term, he shall notify the lessee within 3 months prior to the sale of the lease; the lessee shall have the preemptive right under the same conditions. Twenty-fourth.The twenty-fifth lessee died during the l

40、ease of the house, and the person who lived with him in his lifetime could continue to rent the house in accordance with the lease agreement of the original house.The measures for the change of the lessee of public housing shall be formulated by the municipal real estate administration.Twenty-sixth

41、housing lease expires, the lease Party has not re entered into the housing lease contract, the lessor has the right to recover the house in accordance with the agreed period, the lessee should return the lease housing. If the lessee returns the house without the consent of the lessor, the lessor sha

42、ll have the right to pay for the use of the house during the occupied period.Return the housing, the parties shall comply with the lease agreement or state housing after the normal use; do not comply, the lessor may require the lessee to recover, also can recover, reasonable expenses thus incurred s

43、hall be borne by the lessee.The twenty-seventh lessee has one of the following acts, the lessor has the right to terminate the housing rental contract and recover the housing, and thus causing losses, the lessee compensation:(1) the use of premises for illegal activities;(two) arbitrarily alter the

44、structure of the house or intentionally damage the main structure of the house;(three) arbitrarily changing the nature of the use of residential housing;(four) unauthorized sublet, transfer, Lend Lease housing;(five) arrears of rent for more than 6 months;(six) the use of residential houses for the

45、production, storage and operation of pollutants or inflammable, explosive, poisonous and other dangerous articles;(seven) other circumstances in violation of the lease contract of the house.Where the lessor finds out that the lessee has made use of the leased house for illegal activities, he shall r

46、eport it to the Department concerned in a timely manner.Twenty-eighth, the implementation of the Municipal Peoples Government approved the rental standard of public housing tenants in arrears with rent for more than 1 years, the lessor should inform the lessee in writing to pay rent within a specifi

47、ed time. If the lessee fails to pay the rent within the time limit, the lessor shall have the right to terminate the lease contract and recover the house.Twenty-ninth required for city construction demolition of rental housing, rental housing rental contracts in accordance with the agreement; rental

48、 housing is not stipulated in the contract, in accordance with the relevant provisions of national and city housing demolition.The fifth chapter housing subletThirtieth housing sublease refers to the lessee of the housing lease contract (hereinafter referred to as the tenant) during the lease will be part or all of its rental housing rental behavior.Thirty-first housing lease contract can be sublet,The sub tenant may sublet the house in accordance w

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