武汉市城市房屋租赁管理办法.doc

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1、武汉市城市房屋租赁管理办法()Promulgated by the peoples Government of Wuhan Municipality (promulgated by the peoples Government)19971026 (time of promulgation)19971026 (time of implementation)20110315 (failure time)Decree No. ninety-third (No.) of Wuhan Municipal Peoples GovernmentMeasures for the administration

2、of lease of urban housing in WuhanUpon deliberation and approval by the Municipal Peoples government at its executive meeting, it is hereby promulgated and implemented.Article 1 in order to maintain the city housing rental market order and safeguard the legitimate rights and interests of the city ho

3、using rental, according to the Peoples Republic of China City real estate management law, the Wuhan property management regulations and the Ministry of Construction issued the city housing rental management approach and other regulations, with the actual city, the enactment of this approach.This met

4、hod applies to leasing and management of second in the urban areas of the city and town housing.Third housing ownership will be rental housing to others living, engaged in business activities, or to the housing to cooperate with others to engage in business activities and the lessee by lessors agree

5、d in accordance with the provisions of the lease, sublease, shall abide by these measures.The temporary construction approved by the planning department shall be applicable within the period of validity of the approval.The lease of the fourth houses shall follow the principle of voluntariness, equal

6、ity, mutual benefit and legality.The fifth city and County Real Estate Management Bureau Authority in accordance with the provisions of the Municipal Peoples government responsibility, responsible for the city management of rental housing, the rental housing management agencies (hereinafter referred

7、 to as the Housing Authority) is responsible for housing rental registration work.Sixth houses under any of the following circumstances shall not be leased:(1) the ownership of the house is disputed or there is no legal ownership of the document;(two) it is certified that it is not safe to live or u

8、se;(three) without the consent of the owner of the house or the joint ownership of the house, the consent of the co owner has not been obtained;(four) it has been mortgaged as an asset, without the consent of the mortgagor;(five) the demolition will be demolished by the administrative department res

9、ponsible for the demolition;(six) other circumstances prohibited by laws or regulations.Seventh housing rental parties should sign housing lease contract. The contract shall set forth the following main items:(1) the name and domicile of the party concerned;(two) the location, structure, area, decor

10、ation and facilities of the house;(three) lease use and duration;(four) the amount of rent and the mode of payment;(five) housing repair responsibility;(six) sublease agreement;(seven) conditions for modification and termination of the contract;(eight) liability for breach of contract;(nine) other m

11、atters agreed upon by the parties.Signed housing lease contract, should use a unified housing lease contract text.The eighth rent is divided into standard rent and agreed rent. The standard rent shall be formulated by the Municipal Peoples Government uniformly, and the negotiated rent shall be negot

12、iated and agreed between the two parties concerned.Rental real estate management, direct management of public housing, non residential housing units and units from the management of residential housing, the implementation of the standard rent.Rental of other houses and sublease of the houses specifi

13、ed in the preceding paragraph may be subject to agreement rents.Ninth of the rental housing rental agreement, the parties should lease contract signed within 15 days from the date of the housing authority to apply for registration procedures.Tenth housing rental parties to apply for housing rental r

14、egistration procedures, the following documents should be submitted:(I) housing ownership documents;(two) housing lease contract;(three) the legal identity document or qualification certificate of the party concerned;(four) other documents stipulated by laws and regulations.Rental housing entrusted

15、escrow, should also be entrusted to the escrow authority to prove the rental housing and the agents identity documents.Rental common shared housing, should also be submitted to other co issued consent to rent housing proof.Eleventh housing management agencies should receive the housing rental regist

16、ration procedures for 7 days from the date of completion of the review, and the review of qualified housing issued to the rental.Rental housing, the state laws and regulations shall apply for industrial and commercial registration procedures, from the provisions of the temporary population of rental

17、 housing, but also in accordance with the Wuhan temporary population management regulations for the relevant procedures.The housing lease certificate is examined once a year. It is strictly prohibited to forge, alter, lend, transfer the rental housing permit.The twelfth party to apply for rental hou

18、sing rental registration formalities, shall truthfully declare the rental (Declaration of rent is obviously low, the housing agencies to assess the rent for the base), and required to pay the tax.Thirteenth for the purpose of profit, will build the state-owned land use rights of the rental housing i

19、s allocated to the Municipal Peoples Government shall, according to relevant regulations, the land revenue contained in the rent part over the country.The lease term of the fourteenth houses shall be negotiated through consultation between the two parties.The lease of houses built on the state-owned

20、 land which is obtained by the means of transfer shall not exceed the remaining period of use of the land.Fifteenth housing lease expires, the termination of the lease contract; the lessor continues to rent housing, the original lessee in the same conditions has the priority to lease; a renewal agre

21、ement, should be re signed the lease contract, and in accordance with the provisions of article ninth of the way to apply for rental registration procedures.During the term of the lease of the sixteenth houses, one party requests the termination of the lease contract, and the other party agrees to a

22、pply for it.Seventeenth housing lease period, the Lessor the transfer of housing ownership, under the same conditions, the lessee has the right of first refusal to give up; the lessee preemptive right, the assignee shall continue to perform the original lease contract.If the lessor dies within the t

23、erm of the lease, the heir shall continue to perform the original lease contract.The eighteenth lessor shall, in accordance with the time limit stipulated in the lease contract, deliver the leased house to the lessee, and the lessee shall pay the rent in accordance with the time and manner stipulate

24、d in the lease contract.Nineteenth real estate management departments and relevant units of public rental residential housing and residential housing from the tube should be inspected regularly, timely maintenance, to ensure that the housing and ancillary facilities can be used normally, ensure the

25、safe use of the lessee.Twentieth residential housing tenants with their city permanent residence, he has no housing, living together for more than 3 years of close relatives, the lease of housing enjoy the right to joint tenancy.An adult who is entitled to co lease requires a separate tenant, and th

26、e lessor shall support the house when it is divisible and does not cause difficulties in habitation and use.Twenty-first the lessee shall take good care of and make reasonable use of the lease of the premises and attached facilities; the change of the housing structure, or add facilities, shall obta

27、in the consent of the lessor, and bear the cost of ownership and increase facilities to sign a written agreement.Twenty-second sublet housing, should be entered into a sub contract. The sub contract must be approved by the original lessor in writing, and shall apply for registration formalities in a

28、ccordance with the provisions of article ninth of these measures.The time limit for house sublease shall not exceed the time limit stipulated in the original lease contract. Except as otherwise agreed by the lessor and the lessor.After the twenty-third sub contract has become effective, the sub tena

29、nt shall enjoy and fulfil the rights and obligations of the lessor as stipulated in the sub contract, and shall fulfill the obligations of the lessee as stipulated in the original lease contract. Except as otherwise agreed by the lessor and the lessor.Twenty-fourth lessee in one of the following cir

30、cumstances, the lessor has the right to terminate the lease contract, the recovery of housing; where the loss caused by the lessee compensation:(a) the house sublet, transfer, lend to others without authorization, and changing the joint venture shares or others;(two) alter the structure and use of t

31、he leased premises without authorization;(three) the amount of arrears of rent has accumulated over 6 months;(four) idle public housing for 6 months or more without proper reasons;(five) the use of the leased house for illegal activities, damaging other people or social and public interests;(six) ot

32、her circumstances stipulated by laws and regulations.Article twenty-fifth in violation of the provisions of these measures, the city, district and County Administration of real estate shall be punished according to law; constitute a crime, the judicial organs to be prosecuted for criminal responsibi

33、lity.Twenty-sixth rental housing management staff negligence, breach of privilege, corruption, by the relevant departments shall be given administrative sanctions according to the management authority; constitute a crime, the judicial organs shall be investigated for criminal responsibility accordin

34、g to law to.Article twenty-seventh of the third provisions of the housing rental to others, engaged in business activities, including rental housing counters, stalls.The provisions of article third of these Measures shall include the cooperation of houses with others in business activities, including the joint operation and contract management of houses.Twenty-eighth specific applications of these measures, the city real estate administration is responsible for the interpretation.These twenty-ninth measures shall be effective as of the date of promulgation.

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