Hangzhou City Housing Leasing Management Regulations_Is it safe to rent a house to a second landlord?

In order to strengthen and standardize urban house rental management, the Hangzhou Municipal Government issued the "Hangzhou City House Rental Management Implementation Measures" on October 4, 1993. Below I will introduce to you the Hangzhou City House Rental Management Regulations. Related information, I hope it will be helpful to you. Hangzhou City Housing Leasing Management Measures

Article 1 In order to strengthen the management of urban housing leasing and safeguard the legitimate rights and interests of both parties to the lease, in accordance with the relevant national laws and regulations and the Hangzhou Municipal People's Government Order No. 51 "Interim Measures for the Administration of Real Estate Transaction Market" and formulate these implementation measures.

Article 2: These Measures apply to self-managed houses (hereinafter referred to as self-managed houses) owned by agencies, groups, military units, schools, enterprises and institutions within the city limits of this city, and houses directly managed by the housing management department (hereinafter referred to as self-managed houses). Hereinafter referred to as directly managed housing) and the leasing of private housing.

Article 3: The Hangzhou Real Estate Administration Bureau is the competent authority for housing rental management within the city’s urban areas.

Article 4 House leasing shall comply with relevant national, provincial and municipal laws, regulations and rules. No unit or individual may use house leasing to engage in illegal activities and harm the interests of the country and others.

Article 5 Units or individuals must meet the following conditions when renting out a house:

1. The ownership of the house is clear and there is no dispute;

2. The structure of the house must be safe and reliable ;

3. Comply with public security and health conditions.

Article 6 All units and individuals renting out houses within the city limits of this city (except directly managed houses and units self-managed houses as employee residences) must report to the Municipal Real Estate Administration Bureau by the property owner (unit). Register, declare the rental price, and after being evaluated by the real estate appraisal agency, apply to the real estate management department with the following documents.

1. House ownership certificate or other legal property rights documents.

2. Resident ID card, qualification certificate of the unit’s legal representative or authorized agent.

3. If you have a house for rent, you must submit a certificate or power of attorney from someone else who agrees to rent it out.

4. Agencies, groups, military units, enterprises, institutions and non-local units renting private houses must also submit documents from the competent authorities to apply for renting houses.

5. House rental registration form.

6. Property appraisal report.

Article 7: House leasing shall be subject to hierarchical management.

1. For rental of self-managed houses and private houses (excluding units renting private houses) by units under the district jurisdiction below, the lessor shall submit an application to the district real estate bureau where the house is located, and upon review and approval, it shall be collected from the municipal real estate bureau. The property can only be rented out after obtaining a "House Rental Permit".

2. For the rental of self-managed houses by units above the district level and the renting of private houses by units, the lessor or lessee shall submit an application to the Municipal Real Estate Administration Bureau, and only after review and approval and receipt of the "House Rental Permit" rent.

Article 8: The "House Rental License" shall implement an annual review system.

Article 9: Both parties to the lease shall sign a lease contract in accordance with the house lease contract format uniformly printed by the Ministry of Construction to clarify the rights and obligations of both parties.

Article 10: Non-residential housing lease contracts must be reviewed by the real estate management department. The lessee shall apply for a business license from the industrial and commercial administration authority with the "House Leasing Permit" and the audited housing lease contract.

The residential house lease contract shall be submitted to the district real estate bureau where the house is located for filing. The lessee applies for a temporary residence permit at the local police station with the "House Rental Permit" and the house lease contract.

Article 11 For rentals of directly managed residences, unit-managed residences, and private residences, the rent standards shall be implemented in accordance with unified standards (house rentals that are subject to the implementation of private housing policies shall be handled in accordance with the provisions of the implementation of private housing policies).

For directly managed non-residential properties (excluding non-residential properties that have established a lease relationship), residential properties converted to non-residential properties, unit-managed non-residential properties and private non-residential properties for rent, the rent shall be fair and reasonable by both parties to the lease. The principle is negotiated and agreed based on the location, structure, area, orientation and nature of use of the house.

The lessor shall not charge any additional fees other than rent.

Article 12 The adjustment fund shall be paid for house leasing, and the standard shall be 20% of the actual rental price (if the actual rental price is lower than the appraised price, the appraised lease price shall be used).

The adjustment fund shall be paid by the lessor.

The adjustment fund will be collected by the Municipal Real Estate Administration Bureau and handed over to the municipal finance.

Article 13: After signing the lease contract, the lessor must go to the real estate market with the contract and use a special invoice to issue a rent receipt. The lessor always collects rent from the lessee based on receipts. The lessee must present a special rent receipt as proof of rent payment.

Article 14: The lessor of a building shall pay a lease management fee of 4% of the total rent.

Article 15 The lessee may convert the leased residence into a non-residential residence with the consent of the building owner or the lease manager. The rent standard during the period of conversion shall be determined by negotiation between the two parties. After the housing is restored, the original rent will be charged.

When demolition is required for national construction, non-houses converted from residential to non-houses will still be used for residential resettlement in accordance with Article 29 of the "Hangzhou Urban House Demolition Management Regulations".

Article 16 If the lessee needs to exchange the right to use the house with a third party, he must obtain the consent of the lessor in advance. After the house is exchanged, the original lease contract will be terminated, and the lessor and the new lessee will Sign a separate lease agreement.

Article 17: The lessor shall notify the lessee three months in advance when selling a rental house. Under the same conditions, the lessee shall have the right of first refusal. If the lessee does not buy it, he still has the right to use it during the original agreement period.

Article 18 When the lease contract expires and is terminated, the lessee shall return the house to the lessor. If the lessee is indeed unable to find a house by the end of the term, the lessor shall extend the lease term at its discretion, but the maximum period shall not exceed six months.

Article 19 It is the lessor’s responsibility to repair the house. The lessor should promptly inspect and repair the rented house and equipment to ensure the safety of the lessee.

The rented *** has house maintenance, which is the responsibility of the owner of the house.

Article 20: The lessee shall be responsible for repairs or compensation for improper use or damage to the leased premises and equipment.

Article 21 When the lessee has any of the following circumstances, the lessor has the right to terminate the contract in advance and take back the right to use the house:

1. Changing the nature, purpose, or use of the house without authorization Subletting, transferring or destroying the structure of the house.

2. Using the rented house to carry out illegal activities and harm the interests of the public.

3. Failure to pay rent for six months in total or leaving the house idle for more than three months without justifiable reasons.

Article 22: When a housing dispute occurs between the two parties to the lease, the parties may apply to the Housing Dispute Arbitration Committee for arbitration or file a lawsuit in the People's Court.

Article 23 If the lessor or lessee uses the leased house to carry out illegal activities, the Municipal Real Estate Administration Bureau will impose penalties or revoke the "House Rental License".

Article 24: Anyone who disrupts the order of the housing rental market, refuses or hinders housing management staff to manage according to law, or violates public security management regulations shall be dealt with by the public security organs in accordance with the law.

Article 25 During the rental period of the house, if the lessor refuses to pay the adjustment fund or is in arrears for more than three months, the municipal real estate management agency shall recover the adjustment fund and impose a daily late payment fee of 5%.

Article 26 If a leasing relationship has been established before the implementation of these measures, both parties to the lease should go to the real estate management authority to handle relevant procedures within three months. If a house rental license has not been obtained, it will be treated as illegal leasing. Investigate. In addition to recovering taxes and fees in accordance with regulations, both parties to the lease will be fined 5% to 20% of the total rent respectively.

Article 27: The Hangzhou Real Estate Administration Bureau is responsible for the interpretation of these Measures.

Article 28: All counties (cities) shall implement these measures with reference to them.

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