Traditional Culture Encyclopedia - Hotel franchise - Commercial housing trusteeship agreement
Commercial housing trusteeship agreement
Party B (Trustee):
In order to consider the validity and continuity of its house lease, Party A hereby entrusts Party B to manage its house lease according to the Contract Law of People's Republic of China (PRC) and relevant laws and regulations, and reaches the following agreement, which both parties shall abide by and perform.
I. Entrusting matters
Party A places all its property in
(title certificate number or land use certificate number or construction project planning permit number: _ _ _). The total construction area of the house is _ _ square meters, and the room type is _ _, and the room type is residential/non-residential/commercial/office/shop. Party B is fully entrusted with matters related to house lease.
Second, authorization authority.
If there is sufficient authorization, Party A shall issue a written power of attorney to Party B (Annex I). The specific scope of authorization includes:
1. Party B decorates the house (including selecting the decoration company, signing the renovation contract, determining the decoration style and paying the decoration expenses, etc.). ).
2. Party A entrusts Party B to handle the house rental matters on its behalf (including house recommendation, showing and signing the lease contract).
3. Party A entrusts Party B to collect the rent and house deposit.
4. Party A entrusts Party B: In case of residential property adjustment, Party A will attend the owners' meeting on behalf of Party A, inform the client of relevant property management information in time and sign relevant agreements on behalf of Party A..
5. Manage the interior decoration and supporting facilities of the house. If the lessee wants to redecorate, he should abide by the principle of putting on clothes and not abandoning them.
6. Both parties agree that Party B will fully decorate the leased house, and the decoration price is RMB only (in figures). If Party A breaches the contract within the entrustment period, it shall pay 20% of the total decoration price to Party B as liquidated damages, and pay the total decoration price and liquidated damages to Party B within 3 days.
7. Other matters:
Three. Entrustment period
The entrustment period of Party A is _ _ years, that is, from _ _ _ _ to _ _ _ _ _. When the entrustment expires, if Party A continues to entrust Party B, it shall notify Party B at least one month before the expiration and make another agreement.
Four related expenses
Property fee, gas fee, electricity fee, water fee and decoration fee shall be paid by Party B. ..
Verb (abbreviation of verb) rent and payment method
The rent for the first year is RMB _ _ yuan per month, totaling (in words) RMB _ _ yuan;
The rent for the second year is RMB _ _ yuan per month, totaling (in words) RMB _ _ yuan;
The rent for the third year is RMB _ _ yuan per month, totaling (in words) RMB _ _ yuan;
The rent for the fourth year is RMB _ _ yuan per month, totaling (in words) RMB _ _ yuan;
The rent for the fifth year is RMB _ _ yuan per month, totaling RMB _ _ yuan.
The rent is paid once a year or once a month. The first rent shall be paid by Party B in advance and shall be paid to Party A within _ _ days from the date of signing this contract. If Party B pays the rent to Party A days in advance in the future. The payment method of rent is cash or bank remittance. After receiving the rent, Party A shall issue a valid receipt certificate to Party B. ..
Collection and refund of intransitive verb deposit
Party A collects RMB (in words: RMB) from Party B as the security deposit for the entrusted leased house. Payment time: At the same time, Party A shall pay the down payment, and Party A shall issue a valid receipt.
Conditions and time of return: upon the expiration of the contract, the water, electricity and property fees of the house will be settled, and the indoor main structure will not be damaged.
Seven. Calculation and payment of intermediary service fee
Party B does not charge the entrusted management fee: Party A authorizes Party B to negotiate the house rent directly with the lessee in the process of house lease management. If the rental price of Party B is higher than the entrusted price of Party A, the difference will be used as the intermediary service fee paid by Party A to Party B. ..
During the entrustment period agreed in this agreement, if the house is vacant (that is, the house is not rented), Party B shall bear the rental losses caused to Party A from it. ..
Eight. Rights and obligations of both parties
1. Rights and obligations of Party A
1. 1 Collect the rent as agreed, and have the right to ask Party B about the management of house lease on a regular basis.
1.2 Party A shall ensure that the original ownership certificate and identity certificate provided by it are true, legal and valid, and keep one copy (Annex 2) for the record, and ensure that there is no ownership dispute that hinders the rental of the house, so Party B and the third party shall be liable for compensation.
1.3 Party A shall deliver the house key to Party B for safekeeping on the date of signing this contract.
1.4 During the term of this agreement, Party A shall not terminate this entrustment, and the sale and mortgage shall not affect Party B's right to lease; If it is really necessary to sell or mortgage the house due to special circumstances, which may affect the lease, Party B shall be informed three months in advance so that Party B can negotiate with the lessee to terminate the contract, and the losses caused to Party B and the lessee shall be borne by Party A. ..
2. Rights and obligations of Party B
2. 1 Party B has the right to request Party A to provide the original ownership to cooperate with the house lease.
2.2 The right to collect brokerage commission as agreed.
2.3 Party B shall properly manage the leased premises and related indoor facilities, and shall not change the main structure of the premises without authorization. If there are major security risks and repair requirements in the house, Party A shall be informed in time.
2.4 When the lessee intentionally damages the house or uses the house for illegal activities prohibited by national laws and regulations, Party B shall promptly notify Party A and report the case to the relevant departments as appropriate, and Party A shall assist the relevant departments in the investigation.
Nine. responsibility for breach of contract
1. During the performance of this contract, if Party A violates this contract and prevents Party B from managing the leased premises normally, Party B has the right to terminate this contract. Upon termination of this contract, Party A shall pay Party B 20% of the annual rent agreed in this contract as compensation, and Party B shall bear the necessary expenses arising from the management of the lease. Where direct losses are caused to Party B, Party A shall be liable for economic compensation. During the entrustment period, if Party A breaches the contract, the renovation fee shall be RMB Yuan only, in figures: all renovation fees shall be paid within 3 days, and 20% of the annual rent agreed in this contract shall be paid to Party B as liquidated damages within 3 days.
2. If Party B violates good faith, conceals important facts and makes false statements during the performance of this contract, which causes losses to Party A, Party B shall compensate Party A at 20% of the annual rent agreed in this contract, and shall not damage the house decoration except for natural losses.
X. termination of the contract
1. The entrustment period expires;
2. One or both parties terminate the contract;
3. The house can't reach the purpose of lease `;
4. Other legal circumstances.
XI。 Exemption:
If the purpose of the contract cannot be achieved due to force majeure or major changes in circumstances, both parties can be exempted.
Twelve. settlement of dispute
In case of any dispute during the performance of this Contract, if no consensus can be reached through negotiation, the parties may directly bring a lawsuit to the people's court with jurisdiction where the house is located.
Thirteen. others
1. This agreement is made in duplicate, with each party holding one copy.
2. For matters not covered in this agreement, both parties can sign a supplementary agreement through negotiation, which has the same legal effect as this agreement.
3. The contact telephone number and mailing address filled in by Party A and Party B at the place where this agreement is signed will be the only legal and effective contact way to perform this agreement. If there is any change, you should inform the other party in writing in time, otherwise the losses caused by it will be borne by yourself.
Party A:
Party B:
Date of signing:
Commodity House Custody Agreement II Party A:
Party B:
According to the relevant provisions of national and local policies, Party A and Party B have reached an agreement on entrusting Party B to keep Party A's property on the basis of equality, voluntariness, fairness and good faith ... The specific terms are as follows:
I. Housing situation
1. The house entrusted by Party A is located at (hereinafter referred to as the house); At present, the property owner has obtained the property ownership certificate of the house (certificate number: _ _ _ _), and the purpose of the house is _ _. The building area of the house is _ _ _ _ _ square meters. A copy of the house ownership certificate signed and confirmed by both parties shall be an annex to this agreement.
2. Party A promises to be the legal property owner of the house and has complete control over the house.
3. Before the signing of this contract, Party A clearly informed Party B that the property was not mortgaged by current assets, and guaranteed that there were no other property rights disputes and debt disputes.
4. This agreement (Annex I) lists the scope of use, conditions and requirements, existing decoration, ancillary facilities, equipment status, water and electricity and other existing supporting conditions of the public or cooperative part of the house agreed in the agreement.
Second, the custody time and custody fee
1. The escrow period of the house starts from _ _ _ _ _ _ _ _ _.
2. The monthly management fee paid by Party A to Party B is 65,438+00% of the monthly rent of the house lease contract, which is deducted from the rent once a month and paid to Party B, counting from the date of signing this agreement.
III. Contents of Entrustment
1, lease registration on behalf of the entrusting party, display, lease registration on behalf of the entrusting party, etc.
2. Pay the fees for water, electricity, gas, telephone, broadband network, cable TV and property management on behalf of the entrusting party (the fees shall be paid by Party A).
3. Apply for telephone, cable TV and broadband network on behalf of the entrusting party.
4. The agent completes the procedures of tenant's check-in, rent collection, rent withdrawal and handover.
5. Inspect and clean the leased house on behalf of the entrusting party.
6. Carry out daily maintenance, repair, replacement and room cleaning on behalf of the entrusting party.
Four. Responsibility of both parties
1. Party A shall deliver the house key and key card to Party B after signing the house custody agreement.
2. During the period of house custody, Party A shall not store valuables indoors, and Party B shall not be responsible for any loss or damage.
3. If Party A takes back the escrow house in advance, this agreement will automatically become invalid. Party B shall not stay in the customer's house for any reason, but the custody service fee of Party B shall still be charged according to the time agreed in the agreement.
4. If Party A needs special escrow matters, it needs to sign another entrustment escrow agreement for replanting, and Party B will charge fees according to the actual situation and indicate it in the supplementary explanation.
5. During the entrusted management of the house, Party A shall bear the property management fees, water, electricity, gas, telephone fees, cable viewing fees and other expenses arising from the house.
6. Hidden dangers in Party A's house shall be truthfully reported before signing the agreement.
7. When signing this agreement, Party A shall provide Party B with real and effective contact information. If Party A cannot be contacted due to Party A's reasons, Party A shall bear all responsibilities.
8. Party B shall provide services according to the service contents stipulated in this agreement, and Party A reserves the right of supervision.
9. Party B shall not suspend the agreement without reason. If the contract is terminated in advance, Party A has the right to ask Party B to pay a one-month service fee as compensation.
10. During the entrusted custody of the house, if there is an emergency, Party B shall immediately notify Party A and take corresponding measures on behalf of Party A after obtaining Party A's consent. ..
1 1. During the period of house custody, Party B shall not use Party A's house for any activities.
Verb (abbreviation of verb) Agreement Termination and Liability for Breach:
1. Party A and Party B agree that during the cooperation period, if the house is damaged or lost due to force majeure, this agreement will be terminated, and both parties will not be responsible for each other, but Party A shall refund the related expenses paid by Party B in advance.
2. If either party violates the above terms of this agreement, the observant party has the right to terminate this agreement unilaterally, and require the defaulting party to compensate the observant party for all losses caused thereby in addition to fulfilling the relevant terms of this agreement.
Supplementary clause of intransitive verbs
1. When signing this agreement, Party A and Party B clearly understand their respective rights, obligations and responsibilities, and are willing to strictly implement the agreement and regulations.
2. Any disputes arising from the performance of this Agreement between Party A and Party B shall be settled through negotiation; If negotiation fails, a lawsuit may be brought to the local people's court according to law.
3. Matters not covered in this agreement can be supplemented by both parties through consultation. In case of any conflict between all agreements signed before this date and this agreement, this agreement shall prevail. The supplementary agreement and relevant regulations signed thereafter have the same legal effect as this agreement.
4. This agreement shall come into effect after being signed and sealed by both parties, and it shall be in duplicate with the annex, which has the same legal effect. Party A and Party B each hold one copy.
Party A:
Party B:
Date of signing:
Commodity House Custody Agreement III Party A:
Party B:
In order to ensure the smooth progress of the residential building maintenance project, through friendly negotiation, Party A entrusts Party B to be responsible for the organization, implementation and management of the project, and the specific agreement is as follows:
I. Overview of the Project
It is the same as the construction contract of the house maintenance project numbered XX.
Second, the responsibilities of both parties.
1, Party A's responsibility
1. 1 Ensure that the project entrusted to Party B for organization and implementation has been approved by the owners' committee, owners' group or owners' assembly according to the prescribed procedures, or is directly organized and implemented by Party B as stipulated in the owners' convention.
1.2 In addition to declaring reserved rights, Party B shall also be granted the necessary rights to organize the implementation of the project and cooperate with Party B to carry out the work as required.
1.3 regularly listen to Party B's reports on project implementation management and performance of this agreement, and inspect and supervise Party B's performance of duties under this agreement.
1.4 Party B has the right to hire qualified units to be responsible for project supervision and cost audit. The specific responsibilities of the project supervision and cost consultation unit shall be subject to the contract or cost consultation form signed by Party A and the supervision unit. If the responsibilities of Party B agreed in this agreement overlap with those of the engineering supervision unit or the cost consulting unit, the responsibility subject of the corresponding responsibilities shall be decided by Party A and made clear in writing.
1.5 timely disbursement of project funds to Party B. ..
1.6 For the losses caused by its own fault, Party B, the construction unit or other interested parties shall bear the responsibilities.
1.7 After the project is completed and accepted, Party B shall be paid remuneration according to the stipulations in the property service contract or XX% of the total final settlement cost of this project.
2. Party B's responsibilities
2. 1 Confirm that the project entrusted by Party A has been approved by the owners' committee, owners' group or owners' assembly according to the specified procedures, or it is a project agreed in the owners' convention that can be directly organized and implemented by Party B. ..
2.2 Entrusted by Party A, be responsible for the organization, implementation and management of this contract project, including but not limited to: making relevant preparations; Project implementation process management; Organize completion acceptance, etc.
2.3 Before starting work, collect, sort out and hand over all kinds of materials needed for project implementation to the construction unit, including survey and design requirements.
2.4 Cooperate with the construction contractor, coordinate the construction site safety, fire control, garbage disposal and surrounding neighborhood relations, and protect the surrounding buildings and decoration, equipment, pipelines, ancient and famous trees, green spaces, etc. From harm.
2.5 regularly listen to the report of the construction unit on the quality, progress and cost control of the project, inspect, supervise and accept the materials used in the project, the quality and progress of the project, the safety measures taken and other relevant implementation conditions, and have the right to require the construction unit to make explanations and rectification.
2.6 Report the project implementation and management to Party A on a regular basis, and accept the inspection and supervision of Party A. ..
2.7 Confirm the work of the construction unit, review the completed quantities and payment applications, and pay the project funds allocated by Party A to the construction unit on time according to the relevant regulations and the construction contract; Losses caused by poor management or breach of contract by the construction unit shall be claimed according to law.
2.8 On behalf of Party A, claim for compensation for the violation of the construction contract by the construction unit; Handling property losses and complaints caused by improper construction by the construction unit: including requiring the construction unit to temporarily stop work, adjust the construction plan or compensate for losses.
2.9 Party B shall be responsible for the losses caused to Party A, the construction unit or other interested parties due to Party B's own fault.
2. 10 If Party A hires a qualified unit to take charge of project supervision and cost consultation, Party B shall actively cooperate.
Three. any other business
1. In case of any dispute between the two parties concerning this contract, if negotiation fails, it shall be settled through the following methods:
(1) Submit for arbitration.
(2) Bring a lawsuit to a people's court with jurisdiction.
2. The original of this contract is XX copies, with Party A holding XX copies and Party B holding XX copies.
3. This contract shall come into effect after being signed and sealed by both parties until all the work under this contract is completed.
Party A:
Party B:
Date of signing:
Commodity House Custody Agreement IV Custodian (Party A):
Trustee (Party B):
In accordance with the Contract Law of People's Republic of China (PRC) and relevant regulations, this Agreement is signed by both parties through consultation in order to clarify the rights and obligations of both parties.
Article 1 Party A entrusts all its houses to Party B. ..
Article 2 Storage period: Party A shall deliver the house to Party B for storage from the date of 20xx and take it back on the date of 20xx.
Article 3 Any dispute arising from the ownership or demolition of the entrusted house shall be borne by Party A, which has nothing to do with Party B, and Party A shall compensate Party B for the economic losses caused thereby. ..
Article 4 Party B has the right to use the house during the custody period, but shall not destroy the existing facilities of the house.
Article 5 Houses are only used for residence,
Sixth existing furniture and electrical appliances in the house:
Article 7 If the furniture, household appliances and water and electricity-related facilities in the house are not artificially damaged during storage, Party A has the responsibility to repair them, or may entrust Party B to repair them, but the relevant expenses shall be borne by Party A after confirmation by both parties; In case of man-made damage, Party B shall be responsible for repairing and bear relevant expenses.
Article 8 Before the expiration of the custody period of this contract, if one party wants to terminate the contract, it shall notify the other party one month in advance and obtain the consent of the other party. During the custody period, either party shall not unilaterally terminate the contract without authorization, otherwise it shall pay liquidated damages to the other party.
Article 9 Under any of the following circumstances, Party A may terminate this contract:
1. Party B defaults on the rent;
2. Without the consent of Party A, Party B intentionally damages the house and its facilities, or changes the facilities in the house without authorization.
Article 10 Party B may terminate this contract under the following circumstances:
1. The house and its facilities cannot be used due to non-man-made damage, and Party A refuses to maintain or bear the maintenance expenses;
2. The house and its facilities are severely damaged by natural forces and cannot be repaired, which causes a lot of inconvenience to Party B. ..
Article 11 Disputes arising from the performance of this Agreement or matters not covered in this Contract shall be settled by both parties through consultation. If negotiation fails, a lawsuit may be brought to the people's court according to law. Violation of the contract shall be handled in accordance with the relevant provisions of the contract law.
Article 12 Distribution method: Party A and Party B agree that the house rent is (see attached table). Party B seeks customers for Party A. When the business happens, within the price approved by Party A, Party B will get a commission of 65,438+05%, and the part exceeding the approved price will be distributed by both parties at 50%. If the transaction is lower than the approved price, with the consent of Party A, Party B will still make a commission of 15%. (with price list)
Article 13 Settlement method: settlement by time, account opening by both parties, and settlement of fees each time. After Party A and Party B confirm the scheduled time and price of the customer, Party B will collect the deposit on behalf of the customer, and Party A will guarantee the normal occupancy and use of the house.
The original of this contract is in duplicate, with each party holding 1 copy.
Party A:
Party B:
Date of signing:
Commodity House Custody Agreement V Party A:
Party B:
In order to meet the needs of Party A (that is, the owner) for maintaining and increasing the value of the house, Party B has made a house value-added plan for Party A, including providing services such as renting the house on behalf of Party A, collecting and paying rent on behalf of Party A, and taking care of the house, and reached the following agreement through friendly negotiation:
I. Rights and obligations of Party A:
1. Party A owns the property right of the single-storey house located in Yuan Qi Building in the urban area, with an area of square meters and a room type. Now the house is entrusted to Party B by lease, and Party B is authorized to rent it. Party A guarantees that the entrusted house enjoys the ownership. Term of entrustment: years. Entrustment period: year month day to year month day.
2. Party A has the right to collect the rent on time. If Party B fails to deposit the collected rent into the account designated by Party A within 65,438+00 days after the date stipulated in this contract, Party A has the right to collect 65,438+0% of the monthly rent as a late payment.
3. During the contract period, Party A shall ensure the normal opening and use of water, electricity, gas and cable TV in the house. If Party B finds that the water, electricity, gas and cable TV in the house can't be used normally, the house leaks water, seeps water, the water pipe bursts, and the valve is aging, it shall promptly notify Party A to open or handle it. Party A shall complete the opening and maintenance within three days after receiving the notice from Party B, and bear the relevant expenses. Failing to handle it within the time limit, it shall be deemed that Party A entrusts Party B to handle it on its behalf, and the expenses incurred shall be deducted from Party A's rental income. Party B shall mail a copy of the expense list and relevant information to Party A.. If the maintenance period (from the date of notification) exceeds three days, the rent postponed during the maintenance period shall be deducted from the rent of the current month. (The maintenance budget plan must be informed to Party A in advance and can only be implemented after being confirmed by Party A! ! )
4. Party A must equip the house with water heaters, gas stoves and curtains. And it is suggested to equip the house with air conditioning (frequent disassembly and assembly of air conditioning will affect its service life and save social costs). (Party A's specific list of furniture and household appliances shall be indicated)
5. Before delivering the house, Party A shall clean and tidy the house and classify the waste materials. If Party B needs to clean and tidy up, the expenses incurred will be deducted from Party A's rental income. (This fee has been waived)
6. Party A's indoor furniture and electrical appliances are too old or have exceeded the normal service life, and Party A should take the initiative to replace them from the perspective of safe use. Otherwise, Party A shall not claim damages for normal use. After obtaining the information that needs maintenance, Party A shall confirm with Party B in time, and perform the maintenance and replacement obligations in time according to the confirmation. (Note: Except for smoking machines, Party A's indoor appliances shall not exceed their service life. )
7. If Party A has opened the landline telephone indoors, Party A shall stop when handing over the house. Otherwise, the telephone charges arising therefrom shall be borne by Party A. (This item can be deleted).
8. In order to facilitate the timely payment of water, electricity, gas and other expenses deducted by the bank in the future and related inquiries, Party A must hand over the payment passbook (or the account information for paying water, electricity, gas and other expenses (which can be deleted without withholding)) of the house when handing over the house, and the passbook will be returned to Party A after the expiration of the agreement.
9. If the term of the lease contract signed by Party B with a third party is inconsistent with the term of this agreement, and if the term of the contract signed by Party B with a third party exceeds the term of this agreement, Party B shall try its best to cooperate with the lessee in changing rooms. If negotiation fails, Party A shall extend the term of this agreement to the end of the lease term of the house, and Party B shall deposit the rent into Party A's account every month according to the provisions of this agreement.
Two. Rights and obligations of Party B
1. Go through the formalities of house rental, room key management, house management (including storage of furniture and household appliances, and if there is any loss or man-made damage when the contract is terminated, Party B shall compensate at the original price) and goods release.
2. During the validity of this agreement, the monthly rental price of Party B is RMB (in words) only (in figures). Deposited into the account designated by Party A before the current month (postponed in case of legal holidays).
3. The rent-free period during the agreement period is * * * months, which will be implemented in years. This month is the rent-free period every year, and Party B is not required to pay the rent for this month.
4. During the validity of this agreement, Party B shall be responsible for recovering the water, electricity, gas, cable TV and property management fees from the lessee, and shall be responsible for the vacant period.
5. When the term of signing a lease contract with a third party exceeds the validity of this agreement, Party B must inform Party A by mail and telephone when signing the contract with the third party. (E-mail address of Party A:)
Three. Other agreements of both parties.
1. Party A and Party B shall jointly abide by the above agreement and ensure its implementation. At the same time, both parties agree that if the party wishes to terminate the agreement in advance. If, through negotiation between both parties, one party unilaterally terminates the contract in advance is deemed to be in breach of contract, the breaching party shall pay the observant party a standard penalty of more than two months before terminating the contract. If Party B has leased the house to a third party, the breaching party shall bear the joint liability of the third party.
2. During the validity of this agreement, if Party A wants to transfer the ownership of the house under this agreement, it shall notify Party B one month in advance and transfer it together with this agreement. Otherwise, Party A shall pay Party B a penalty of three times the monthly fee listed in the monthly rent. If Party B has leased the house to a third party, the breaching party shall bear the joint liability of the third party.
3. After the expiration of the entrustment period, both parties confirm that they will not renew the contract, they shall complete the house handover within three working days from the date of expiration of the agreement. This contract is made in duplicate, one for each party, with the same legal effect.
Other supplementary notes:
1, indoor ancillary facilities:
A: Electrical appliances: shower (Wanhe), refrigerator (Siemens), color TV, washing machine (Haier), Emmett floor fan, set-top box and user card, Consett gas stove, two air conditioners (both Haier brands) and a pair of light cavalry v23se speakers.
B: Furniture: two beds (a solid wood mother bed), a dining table, six dining chairs, a fabric sofa, a living room combined cabinet, a wardrobe and a computer desk.
Glass fiber reinforced plastic coffee table.
2, room number security door key, door key, email key; Access card. Water meter reading; Meter reading; Gas meter reading; Water and electricity bank passbook: one copy of real estate license and one copy of ID card.
Party A:
Party B:
Date of signing:
Commodity House Custody Agreement 6 Party A:
Party B:
1. Party A entrusts the house key located in _ _ _ _ _ _ _ _ _
2. Does Party A entrust its keys to other companies or individuals other than itself or family members?
3. List of items in Party A's home
Use the title and number of articles, and other explanations of the old and new degree.
4. If Party A replaces the new lock or rents/sells it through other channels, it shall immediately come to our company (with this agreement) to replace or retrieve the key.
5. Party B is entrusted to use its house key, which is limited to renting/selling the house to potential customers, and shall not live or engage in illegal activities.
Party A:
Party B:
Date of signing:
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