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Nanchang Regulations of the Rental of Urban House
PubTime:10-03-19 01:42:00

Information type: regulations   
File no.:  
Public mode: proactive
Creation date: 2008-10-09 00:00:00    
Public time: all year round  
Public scope: the whole society
Information accession no.: A00000-0201-2008-0038
Responsible department: Comprehensive Division, Legislative Affairs Office, the People's Government of Nanchang City


(Passed at 29th Meeting of the Standing Committee of Nanchang Municipal 10th People's Congress on March 19, 1996, and approved by 21st Meeting of the Standing Committee of Jiangxi 8th People’s Congress on April 18, 1996, in accordance with Modified Amendment passed by 11th Meeting of the Standing Committee of Nanchang 12th Municipal People’s Congress on Oct. 11, 2002 and approved by 33rd Meeting of the Standing Committee of Jiangxi 9th People’s Congress on Nov. 29, 2002.)
   Article 1 In order to strengthen the administration on the rental of urban houses, maintain the order of the rental of house market and ensure the legal rights and interests of concerned parties, the regulations are formulated in accordance with Law of The Peoples Republic of China on Administration of the Urban Real Estate and Contract Law of the People's Republic of China, related laws and regulations and combination with the urban reality.
   Article 2 The regulations are applicable to the rental of houses and administration activities of the rental of the houses within state land range of urban planning area of Nanchang City.
Article 3 The rental of house in the regulations refers to the action that the house owner rents the house to the tenant for use and the tenant pays the rental to the house owner.
   Article 4 The mortgage activities of the real estate shall be in compliance with the principle of equality, free will, impartiality and honesty.
   Article 5 Municipal and county people’s government department of real estate administration (hereinafter referred to as the department of the real estate administration) is the authority of the administration of the rental of houses at the same level, and carries out the administration of the rental of houses. The district people’s government department of the real estate administration may carry out the administration on the rental of houses within the district under the authorization by the Municipal people’s government department of real estate administration.
   Municipal, county and district people’s government department of state land and resources, price, financial, administration of industry and commerce and tax shall cooperate will with the department of the house administration as per own responsibilities, and supervise and inspect the real estate mortgage in accordance with laws.
   Article 6 Citizens, legal representatives or other organizations, acquiring the ownership, or operation and management from state authorization in accordance with the laws, may rent the houses
   Article 7 The house that can be rented in the Article 6, shall be not rented upon any of the followings:
   (1) The house ownership certificate not acquired;
   (2) Judicial and administrative authorities judge and decide to seal up or restrict the house ownership by other means;
   (3) Written consent of all persons not acquired for the public houses;
   (4) House ownership and land use rights of the house occupancy area are in dispute; 
   (5) Non compliance the house safety standard;
   (6) The mortgaged house without the consent from the mortgager;
   (7) No renting by laws and regulations.
   Article 8 Any of the following shall be deemed as the rental;
   (1) The house owner provides the house to others as the site for joint business operation and take the charges, but doesn’t participate into management and bear the business risks;
   (2) The private house owner is different of house user and takes the charges;
   (3) The public house is as the site of business operation for employees, employees’ relative or other units and individuals to undertake production and operational activities, and the user shall pay the proportion of contracting charges, overhead, profits or turnover;
   (4) Counter rental.
   Article 9 The house owner and tenant shall sign the written rental contract for the rental of house.
   The rental contract shall have the following articles:
   (1) Name and domicile of the party or name and address of the unit;
   (2) House site, decoration and facilities, and rental area;
   (3) Rental period;
   (4) Rental purpose;
   (5) Rental price and payment mode;
   (6) Maintenance responsibilities;
   (7) Sublet agreement;
   (8) Conditions to modify and cancel the contract;
   (9) Liabilities for breach of contract
   (10) Other articles agreed by the parties.
   The rental period of the house is decided by discussion between the parties, but shall not exceed the land use term stipulated in the contract of land use right transfer and in the contract of land lease, and also shall not exceed 20 years.
   Article 10 The parties of the rental of the house shall submit the following documentary evidences to the department of the real estate administration or departed entrusted by the department of the real estate administration for registration after sign the rental contract:
   (1) Rental contract;
   (2) House ownership certificate;
   (3) Legal certificates, such as ID of the parties etc.;
   (4) Other certificates in accordance with laws and regulations.
   The party may entrust the house agency to go through the registration and the house agency shall present the power of attorney to the department of real estate administration for registration. 
   The rental contract is not registered, no against the third party. 
   Article 11 The house owner shall submit the according documents to register the rental of the house, except the documentary evidences specified in Article 10 of the regulations:
   (1) Shall submit the written authorization of rental of collective house of all persons;
   (2) Shall submit the written authorization of the consignee to entrust the rental of the house;
   (3) Shall submit the written authorization of mortgagee to rent the mortgaged house;
   (4) Shall submit the agreement of public security responsibility signed by the house owner and public security station to rent the house to persons who stay temporarily.
   Article 12 The lessee of the house shall sublet   The rental house to a third party according to the agreement of subletting in the leasing contract or obtaining the written permission of the lessor in the rental period.
   The rent for subletting the house shall be negotiated and agreed by the two parties.
   The final date of the lease term regulated in the subletting contract shall not exceed the final date regulated in the leasing contract.
   During the subletting period of the house, the lessee shall continuously fulfill the lease contract except the cases that the lessor and the subletting party have an extra agreement.
   Article 13 For subletting the house, the parties shall submit the following documentary evidences when registering:
   (I) the subletting contract;
   (II) The lawful documents like the identity qualification of the subletting parties;
   (III) The original leasing contract
   The subletting contract shall contain the clauses regulated in the second item of the article 9 of this regulation.
   The sublessor must submit the written certificate of the original lessor for permitting subletting besides submitting the necessarily documentary evidences regulated in the former regulation when registering the subletting for the cases that there is no subletting regulations in the leasing contract,
   Article 14 when a housing administrative department or its authorized department records the house leasing or subletting, he shall check whether the house meets the lease or subletting conditions or not, make a written reply in 7 days since the day of acceptance, and issues a Housing Rental Permit for those meeting the leasing or subletting condition.
   Article 15 The Housing Rental Permit is a lawful evidence for the rental behavior. For those who rent the houses for production and business, the Housing Rental Permit serves as the lawful evidence for their business site; for whose rent the houses for residence, the Housing Rental Permit serves as one of the evidences for the public security bureau to transact household registration.
   Article 16 For one of the following situations, the house leasing or the subletting parties can alter or release the leasing contract:
   (I) Accord with the agreements in the contract and be able to alter or release the contract clauses;
  (II) The contract can not be continuously fulfilled because of force majeure;
  (III)The parties reach an agreement through negotiation;
   When one party betrays the former clause to alter or release the contract and causes lost for the other party the responsible party shall be responsible for compensation.
   Article 17 For altering the house leasing or subletting contract, the parties shall submit the following documentary evidences to the housing administrative department or its authorized department to record:
  (I)The original leasing or subletting contract;
  (II) The original housing rental permit;
  (III)The written report for alternating the contract agreed by the two parties;
   The housing administrative department or its authorized department shall make a written reply in 7 days since the day of acceptance and transact the registration procedure for alternation for those meet the altering conditions.
   Article 18 The contract will be terminated accompanied with the expiration of the house leasing or subletting period.
   If the lessee needs to continuously rent the house, he/she shall inform the lessor one month before the expiration; if the lessee will not continuously to rent the house, the lessee shall inform the lessor one month before the expiration; however, the agreement shall be followed if there is an additional agreement in the leasing contract.
   If the lessor will continuously lease the house, under equal conditions, the original lessee has the priority of renting the house. The lessor and the lessee shall resign a written lease contract according to the provisions in this regulation and transact the registration procedures.
   Article 19 When the parties transact the leasing contract or release the registration after the subletting contract is terminated, the parties shall submit the leasing contract or the subletting contract and the Housing Rental Permit; and the house administrative department or its authorized the department will cancel the registration and withdraw the Housing Rental Permit.
   Article 20 For leasing the public owned houses for residence, the rent shall be executed according to the standards regulated by the municipal or county government.
   For leasing the public owned houses for production or business and leasing private owned houses, the rent shall be negotiated and determined by the parties.
   Article 21 For the citizens who lease their houses, if they died in the leasing period, their successors shall continuously carry out the original leasing contract. For the legal persons or other organizations who lease houses, if transfer of title caused the breaking down, combination, separation or termination of the legal persons or the organizations occurs, the house owner after the alternation shall continuously carry out the original leasing contract.
   For the lessee who leased the house for residence and died during the lease period, the person who lives with him/her can continuously lease the house according to the original leasing contract; if he/she will not continuously lease the house, he/she shall inform the lessor one month in advance.
   Article 22 In the leasing period of the house, if the house for leasing has a mortgage right lawfully, the house owner shall inform the lessee about the mortgage condition in written and the original leasing contract is continuously valid.
   Article 23 In the leasing period of the house, if the house the lessor is transferred lawfully, the transferee of the house shall continuously carry out the original leasing contract.
   For transferring the leased house, the transferor of the house property shall inform the lessee three months in advance and the lessee has the priority of purchasing the house under equal conditions,
   Article 23 If the lessee has one of the following behaviors, the lessor has the right to release the contract in advance and withdraw the house and the lessee is responsible for compensation if any lost is caused;
  (I)Subletting, transferring or exchanging the house without authorization;
  (II)Changing the structure and usage of the house without authorization;
  (III)Artificially damaging the house and its facilities without repairing;
  (IV)Using the leased house for transferring of sexy or retroactive audios and videos, producing fake and forged commodities or engaging in illegal activities like gambling, disposing stolen or contraband goods, prostitution and whoring, etc.
   If the lessee does not pay for the rent of leasing for more than three months, the lessor can release the house leasing contract in advance and withdraw the house; however, the agreement shall be followed if there is an additional agreement in the leasing contract.
   Article 25 If the lessor has one of the following behaviors and causes loss to the lessee, the lessor shall be responsible for compensation: 
  (I)withdraw the house in advance without the consent of the lessee;
  (II)be unable to provide the house according to the agreed term in the leasing contract;
  (III)Do not repair the house when the house is naturally damaged exclusive the case that it is agreed to be repaired by the lessee;
  (IV)Raise f the rent without authorization.
   Article 26 For the violation of this regulation for not registering leasing or subletting, the housing administrative department charges the lessor to make up the registration in a limited term; for the houses which can not be leased or sublet according to this regulation, the housing administrative department charges the lessor to stop the leasing or subletting behavior and punishes according to the following regulations:
  (I)Confiscate the illegal income of the lessor or the sublessor for leasing or subletting the house for residence,;
  (II)Confiscate the illegal income of the lessor or the sublessor and fine them 5% of the illegal income as the penalty for leasing or subletting the house for t production or business.
   According to the regulation of the previous clause, the lessor or the sublessor who does not make up registration in the prescribed time limit, shall be compelled to stop the behavior of leasing or subletting; the lessor or sublessor who does not pay for the penalty in the prescribed time limit shall be additionally fined by 3% of the penalty per day.
   Article 27 The incomes of penalty and confiscating of the illegal income must be given penalty receipts which are uniformly issued by a provincial financial department and are handed over to the financial department of the same level.
   Article 28 For the violation of this clause which belongs to the administrative responsibility of the administrative departments of the people’s government like the local land, price, industry and commerce, public security and taxation, the above departments carry out punishment legally according to their own responsibilities.
   Criminal liability shall be investigated on the criminals caused by breaking the regulation of this clause in accordance with the law.
   Article 29 The party who rejects the punishing decision can apply for administrative reconsideration according to the law, and can also indict to the people’s court. For these who do not apply for administrative reconsideration, do not indict to the people’s court, and refuse to carry out the punishing decision, the department which makes the punishing decision shall apply the people’s court to carry out forcible execution. Those cases additionally regulated by the laws and rules are exclusive.
   Article 30 The houses which are not checked and registered by the housing leasing administration staff in the prescribed time limit, equal to agree the registration are considered to be agreed to register; the housing administrative department shall be responsible for compensation according to law if causing loss to the party,
   Article 31 Criminal liability shall be investigated on the housing leasing administrative staff who commit a crime by taking advantages of their position and power to commit embezzlement  and accept bribe as well as practice favouritism and commit irregularities according to law; for the case of not committing a crime, administrative punishment shall be given out by their department.
   Article 32 The charging item and standard for the housing administrative department to transact registration for house leasing or subletting must be executed in accordance with the regulations of the provincial and municipal financial and price departments.
   Article 33 The collection method for the state-owned land in the operation of house leasing shall be executed in accordance with the regulations in relevant laws and rules.
   Article 34 The house leasing administrative shall be implemented by referring to this regulation for leasing houses in the state-owned land range out of the city planning area of our city.
   Article 35 This regulation shall come into force as of the date of promulgation.



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