贵阳市房屋租赁管理办法（Measures for the administration of housing lease in Guiyang）.doc

贵阳市房屋租赁管理办法（Measures for the administration of housing lease in Guiyang）Promulgated by the peoples Government of Guiyang Municipality (promulgated by the peoples Government)20120319 (time of promulgation)20120319 (time of implementation)Decree No. second (No.) of Guiyang Municipal Peoples GovernmentMeasures for the administration of housing lease in GuiyangChapter I General ProvisionsThe second chapter, leasing managementThe third chapter, the rights and obligations of the parties to the leaseThe fourth chapter, penaltyThe fifth chapter is the supplementary provisionsThe measures for the administration of housing lease in Guiyang have been adopted at the executive meeting of the Municipal Peoples Government on March 19, 2012 and are hereby promulgated and shall come into force as of the date of promulgation.Two, one or two, March 19thChapter I General ProvisionsArticle 1 in order to strengthen the housing lease management, regulate the housing rental behavior, promote the healthy development of the housing rental market, safeguard the legitimate rights and interests and social order, according to the "Peoples Republic of China City real estate management law" and other laws and regulations, with the actual city, the enactment of this act.Second of the citys administrative areas of housing rental and related supervision and management activities, apply to these measures.Third said the housing lease this way, refers to a natural person, legal person or other organization as the Lessor will have the ownership or use right of the house to the lessee, the lessee to pay rent lessors.The owner of a house or the owner of the right shall use the house owned or managed to provide for the use and profit of others, which shall be regarded as the lease of the house.Fourth rental housing should follow voluntary, fair, lawful, good faith, territorial management, housing and population management principles.Fifth municipal, district (county, city) peoples governments should lease housing management into the scope of community integrated services management, and the work included in the annual target of the peoples government at the corresponding level.Supervise and guide the sixth city housing and urban construction departments of the citys rental housing, the district and county (city) housing and urban construction departments responsible for the area within the scope of supervision and management of rental housing.Housing and urban construction departments according to work requirements and the principles of convenience, can be entrusted to the jurisdiction of district offices, township (town) peoples government or community service organizations (hereinafter referred to as the "authority") to accept housing rental registration application and registration certificate, collecting housing rental information, daily check, leasing parties to provide service.The public security organs are responsible for the supervision and administration of public security, fire control, residence registration, residence permit and residence registration for the rental housing.Population and family planning, industrial and commercial, local taxes, land, planning, health, urban management, civil affairs and other departments should be in accordance with their respective responsibilities, do a good job of housing rental supervision and management related work.Enterprises, institutions, social organizations, villagers committees and other organizations should cooperate with relevant departments to do relevant work concerning the supervision and administration of housing leasing.Seventh rental housing information unified planning, dynamic management.Housing and urban construction, public security, population and family planning, industry and commerce, taxation, health, city management departments should establish a cooperation mechanism with the housing rental management information system, realize the housing rental information and population service management integrated information network platform and database sharing and mutual.Eighth rental housing services management requirements included in the budget, to ensure the normal work carried out.Ninth relevant departments should report to the public, complaints, telephone, housing rental reports and complaints.Any unit or individual has the right to complain to the relevant department and report any violation of the provisions of these measures. The relevant departments shall promptly investigate and deal with them and notify the complaints and informants of the results.If the violation is reported as true, the relevant departments shall give appropriate rewards to the informants.The second chapter, leasing managementTenth houses under any of the following circumstances shall not be leased:(1) of illegal construction;(two) changing the nature of the use of houses in violation of the regulations;(three) the legal ownership of the premises has not been proved or the ownership has been disputed;(four) the common housing has not been agreed in writing by any other joint owner;(five) the judicial organs or administrative organs may, in accordance with the law, seal up or otherwise restrict the rights of houses;(six) it is not safe to live and use;(seven) other circumstances prohibited by laws, regulations and regulations.Eleventh housing and urban and rural construction departments should be free of charge in the housing rental information system issued housing rental information.Twelfth rental housing, should be the original design of the room for the smallest rental units. Kitchens, bathrooms, balconies and underground storage rooms are not allowed to be rented for human habitation.Thirteenth lessors rental housing should be signed with the lessee in writing housing lease contract.The competent departments of housing and urban and rural construction and the industrial and commercial departments shall make a model version of the housing lease contract and publish it in the housing leasing information system for reference by the parties concerned.Fourteenth housing lease contract shall set out the following main items:(1) the name or name of the party concerned, the type and number of the identity document and the domicile of the party concerned;(two) the location, size, decoration and facilities of the house;(three) lease use, term, rent and payment method;(four) housing renovation, safety, fire protection and other responsibilities;(five) the renewal, exchange, sublease agreement;(six) conditions for modification or termination of the contract;(seven) the liability for breach of contract and the way to settle the dispute;(eight) other matters agreed upon by the parties.Fifteenth housing rental registration system. Housing and urban and rural construction departments and management institutions should gradually implement online registration of housing lease.Sixteenth housing lease parties shall, within 15 days from the date of commencement of the lease contract, to the location of the housing area, county (city) housing and urban construction departments or management agencies for housing rental registration procedures.When the parties to a housing lease apply for the registration formalities for housing lease, they shall fill in and submit the following information contents and materials:(a) reporting information include: the name, type and number of documents, residence, domicile and other information, the basic situation of housing, rental and lease, rental housing ownership certificates or other relevant evidence and information;(two) submit information includes: valid identity certificate or certification, or a legal person or any other organization business license, organization code certificate, lease contract, housing ownership certificates or other proof of legal ownership, other materials;(three) if a house is entrusted to entrust housing, it shall also submit a certificate of entrustment from the client;(four) if a house is to be sublet, it shall also submit proof of the ownership of the owner to sublet it;(five) to rent a joint owned house, it shall also submit a certificate of consent issued by the other co owners.Seventeenth housing and urban construction departments or management agency shall receive housing rental registration materials within 3 working days to complete the registration, issued by the housing rental registration certificate to the parties to the lease. And the rental housing parties and rental housing information related to the rental housing rental police station, the population and family planning authorities.Housing rental registration certificate should specify: the parties to the lease of the name or name, valid identity documents or proof of type and number, rental housing location, use, rent and lease period.Eighteenth housing lease contract, lease, change or terminate the leased and rental housing registration certificate is lost, the parties shall, within 5 working days since the occurrence of the day, to the original registration of the housing and urban construction departments or management institutions do change and cancellation, renewal, sublease and other registration formalities and replacement housing rental registration certificate.Nineteenth brokers engaged in Housing leasing activities should be established according to law, obtain business licenses, to the management authority of housing and urban construction departments in charge of registration. Its practitioners shall obtain corresponding qualifications in accordance with the law.Housing leasing agencies and their practitioners shall conduct brokerage activities in accordance with relevant regulations and contractual agreements.Housing rental brokerage institutions should establish risk funds, business accounts, etc., and will be engaged in housing rental brokerage activities in the process of archiving and preservation of information, its storage period of not less than 3 years.Twentieth housing lease brokers to provide rental housing intermediary services, shall notify in writing the parties in accordance with the regulations for housing rental registration procedures; provide housing rental agency business shall, in accordance with the regulations and reporting relevant information for housing rental registration procedures.Twenty-first housing rental parties, rental housing brokerage agencies fill in information and submit materials should be true, legitimate and effective, shall not conceal the truth or provide false evidence.Twenty-second any unit or individual shall not be forged or altered, altered, lent, or fraudulent sale of housing rental registration certificate.Twenty-third housing and urban construction administrative departments and other relevant departments and management departments shall establish inspection system in accordance with their respective responsibilities, to inspect the housing rental and related conditions, found in any of the following situations, in accordance with the responsibility and authority shall promptly deal:(1) if it finds that the lease of housing and the registration of population information are untrue, it shall promptly make corrections;(two) found that the rental housing registration has not been carried out, and urge the parties to bid in a timely manner;(three) found that housing security risks, and urge the parties in a timely manner rectification;(four) found that violations of public security, fire control, family planning, urban management, planning, sanitation and other relevant management regulations, promptly dealt with according to law;(five) conducting legal publicity and providing related services;(six) perform other duties.Other departments concerned shall inform the competent departments of housing and urban and rural construction in their respective areas in accordance with the handling procedures as specified in the preceding paragraph.Twenty-fourth housing and urban construction departments and management agencies to develop the supervision and management of rental housing in the work material, should be in accordance with the requirements of archives management filing, be kept by the housing and urban construction departments.The third chapter, the rights and obligations of the parties to the leaseThe twenty-fifth lessor shall observe the following provisions:(1) rental housing shall not be granted to natural persons, legal persons or other organizations that have not provided legal or valid certificates or certificates;(two) inform and assist the lessee in the floating population in writing to apply for residence registration and residence permit in accordance with the regulations;(three) establish the registration book, register the names of the lessee, legal and valid identity documents, types and numbers, and report to the public security police station where the rental housing is located;(four) regularly carry out security checks on rental housing, timely detection and elimination of security risks;(five) if the leased house is used for the collective or 2 households (including 2 households), the people shall live in the evacuation passageway, fire engine passage and safe exit, and shall provide fire control facilities and equipment according to the regulations;(six) rental housing shall be used for production, operation, office space, or for personnel intensive public places such as cultural, recreational and sports activities, and shall comply with the provisions of fire control administration;(seven) finding that the lessee violates the family planning policy or rents the house to the floating population of childbearing age, it shall promptly report the population and family planning department in the place where the housing is located;(eight) declare the rent truthfully and pay the corresponding tax on the lease of the house in accordance with the law;(nine) finding out that there are suspected criminal offenses in the rental housing, and promptly report to the public security organ or other relevant administrative departments;(ten) other acts that shall be observed in accordance with the laws, regulations and rules.The twenty-sixth lessee shall abide by the following provisions:(1) persons who do not have valid identification papers may not be lodged;(two) it belongs to the floating population. After admission, the residence registration or residence permit and other relevant registration procedures shall be made according to the regulations;(three) protect and rationally use the house in accordance with the lease agreement of the house,