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城市房屋租赁管理办法 Administration of the Leasing of Urban Premises Procedures

2006-05-16 16:02   我要纠错 | 打印 | 收藏 | | |

建设部令第42号
(Promulgated by the PRC Ministry of Construction on 9 May 1995 and effective as of 1 June 1995.)
颁布日期:19950509  实施日期:19950601  颁布单位:建设部

  PART ONE GENERAL PROVISIONS

  Article 1 These Procedures are formulated in accordance with the PRC, Administration of Urban Real Property Law in order to strengthen the administration of the leasing of urban premises, maintain the order of the urban real property market and safeguard the lawful rights and interests of the parties to the leasing of premises.

  Article 2 These Procedures shall apply to the leasing of premises in centrally-governed municipalities, municipalities and towns with an organization system.

  Article 3 Owners of premises that lease out their premises to lessees for residence, provide their premises to other parties for engaging in business activities or use their premises for engagement in business activities in cooperation with other parties shall comply with these Procedures.

  The lessee may sublease the leased premises with the consent of the lessor in accordance with these Procedures.

  Article 4 Citizens, legal persons or other organizations may lease out according to law the premises that they own and those that they are authorized by the State to manage and operate.

  Article 5 The parties to the leasing of premises shall adhere to the principles of voluntariness, equality and mutual benefit.

  Article 6 Premises may not be leased out under any of the following circumstances:

  1. premises for which no title certificates have been obtained according to law;

  2. premises which have been sealed or the rights to which are otherwise restricted as a result of a ruling or decision of judicial or administrative authorities according to law;

  3. premises with common ownership, where the consent of the other common owners has not been obtained;

  4. premises whose ownership is in dispute;

  5. premises constructed in violation of regulations;

  6. premises failing to meet safety standards;

  7. premises that have been mortgaged, where the consent of the mortgagee has not been obtained;

  8. premises failing to meet relevant public security, environmental, public health and other requirements of the competent departments; or

  9. other buildings the leasing of which is prohibited by relevant laws and regulations.

  Article 7 The leasing of residential premises shall be subject to the leasing policies determined by the State and the People's Governments of the municipalities in which such premises are located.

  Where premises are to be leased for production and/or business activities, the parties to the lease shall consult with each other and decide on the rent and other lease terms.

  Article 8 The State Council's Administrative Department in Charge of Construction shall be in charge of the administration of the leasing of urban premises throughout the country.

  The provincial and autonomous regional administrative departments in charge of construction shall be in charge of the administration of the leasing of urban premises in their administrative areas.

  The administrative departments in charge of real property (hereafter, “Real Property Administration Departments”) of the People's Governments of the centrally-governed municipalities, municipalities and counties shall be in charge of the administration of the leasing of urban premises in their administrative areas.

  PART TWO LEASE CONTRACTS

  Article 9 The leasing of premises shall require the parties concerned to enter into a written lease contract, which shall contain the following terms:

  1. the names and domiciles of the parties;

  2. details of the location, area, decoration and facilities of the premises;

  3. the lease purpose;

  4. the lease term;

  5. the rent and method of payment;

  6. the responsibility for repairs on the premises;

  7. the subleasing agreement;

  8. the conditions for alteration and rescission of the contract;

  9. liability for breach of the contract; and

  10. other terms agreed upon by the parties.

  Article 10 The lease contract shall terminate upon the expiration of the lease term for the premises. If the lessee wishes to continue leasing the premises, he shall propose the same three months prior to the expiration of the lease and a new lease contract shall be signed with the consent of the lessor.

  Article 11 If the lessor of the premises assigns the ownership of the premises during the lease term, the assignee shall continue to perform the provisions of the original lease contract.

  If the lessor passes away during the lease term, his successor shall continue to perform the original lease contract.

  If the lessee of residential premises passes away during the lease term, his family members who have lived together with him for more than two years may continue leasing such premises.

  Article 12 The parties to the leasing of premises may alter or rescind the lease contract under any of the following circumstances:

  1. the alteration or rescission of the contract in compliance with the provisions of laws or the terms agreed in the contract;

  2. the contract can no longer be performed as a result of force majeure; or

  3. the parties reach a consensus through consultation.

  If one of the parties suffers loss due to alteration or rescission of the lease contract, the responsible party shall be liable for compensation, except where he may be discharged from liability according to law.

  PART THREE LEASE REGISTRATION

  Article 13 A registration and filing system shall be implemented for the leasing of premises.

  For execution, alteration or termination of the lease contract, the parties shall carry out registration and filing procedures at the Real Property Administration Department of the People's Government of the centrally-governed municipality, municipality or county where the premises are located.

  Article 14 The parties to the leasing of premises shall handle registration and filing on the strength of the documents specified in Article 15 hereof with the Real Property Administration Department of the People's Government of the centrally-governed municipality, municipality or county within 30 days of signing the lease contract.

  Article 15 When applying for registration and filing of the leasing of premises, the following documents shall be submitted:

  1. the written lease contract;

  2. the ownership certificate of the premises;

  3. the legal supporting documents of the parties; and

  4. other documents specified by the municipal People's Government.

  For leasing out commonly-owned premises, evidence of consent from the other common owners must also be submitted.

  For leasing out premises managed on behalf of another party upon entrustment by such other party, evidence of such party's authorization of the lease must also be submitted.

  Article 16 A Premises Lease Certificate shall be issued after an application for approval of the leasing of premises successfully passes examination by the Real Property Administration Department of the People's Government of the centrally-governed municipality, municipality or county.

  Applications for approval of the leasing of premises in officially designated towns other than those places where the People's Government of the county is located may be examined, and a Premise Lease Certificate may be issued, by organizations entrusted by the Real Property Administration Department of the People's Government of the centrally-governed municipality, municipality or county.

  Article 17 The Premises Lease Certificate shall be the valid legal evidence of the leasing. Where premises are leased for production and/or business activities, the Premises Lease Certificate shall be the legal evidence of the business site. Where premises are leased for residence, the Premises Lease Certificate may be one of the certificates on the strength of which the public security authorities carry out household registration.

  Article 18 Forgery, alteration, on-lending or assignment of the Premises Lease Certificate shall be strictly forbidden. If the Premises Lease Certificate is lost, a replacement certificate shall be applied for from the original issuing authority.

  PART FOUR RIGHTS AND OBLIGATIONS OF THE PARTIES

  Article 19 The parties to the leasing of premises shall have rights and undertake corresponding obligations in accordance with the stipulations of a lease contract.

  During the lease term, if it is truly necessary for the lessor to recover the premises before expiration of the lease term, he shall consult with the lessee and obtain his consent in advance and, if the lessor causes loss to the lessee, he shall make compensation therefor.

  Article 20 The lessor shall hand over the premises to the lessee within a time limit agreed upon in the lease contract. If he is unable to hand over the premises within such time limit, he shall pay liquidated damages and, if he causes loss to the lessee, he shall be liable for compensation.

  Article 21 The lessor of leased residential premises shall be liable for repairs on the natural wear and tear thereof or for damages as the contract stipulates to be repaired by the lessor. If untimely repair results in destruction of the premises that causes loss of property or bodily harm to the lessee, the lessor shall be liable for compensation.

  Where premises are leased for production and/or business activities, the repair liability shall be agreed upon by the parties in the lease contract.

  Article 22 The lessee must pay the rent on schedule and shall pay liquidated damages in case of default.

  Article 23 The lessee shall take good care of the leased premises and use the premises and ancillary facilities in a reasonable way. The lessee may not demolish, renovate or expand the premises, or add attachment to the premises without authorization. If changes are truly necessary, the lessor's consent must be obtained and a written contract signed.

  If the premises are damaged as a result of the fault of the lessee, the lessee shall be liable for repairs or compensation.

  Article 24 If any of the following acts is committed by the lessee, the lessor shall have the right to terminate the contract and recover the premises and, if loss is caused as a result thereof, the lessee shall make compensation therefor:

  1. the leased premises are subleased without authorization;

  2. the leased premises are assigned or lent to others without authorization, or are switched without authorization;

  3. the structure of the leased premises is demolished or altered, or the purpose of the leased premises is altered without authorization;

  4. being in arrears with rent payment for more than an accumulative total of six months;

  5. public housing is left unused for more than six months without a legitimate reason;

  6. the leased premises are used for illegal activities;

  7. the leased premises are willfully damaged; or

  8. other acts for which laws and regulations permit recovery of premises.

  Article 25 If premises erected on State-owned land the leaseholds of which were obtained by means of allocation are leased out by its owner for profit making purposes, the owner shall turn over to the State the portion of rent which is the land proceeds. The method for turning over land proceeds shall be in accordance with the Ministry of Finance's Administration of the Collection of Revenue from Using State-owned Land Leaseholds for Consideration Tentative Procedures and the Several Financial Questions Concerning the Revenue from Using State-owned Land Leaseholds for Consideration Tentative Provisions and shall be collected and turned over on behalf of the authorities by the Real Property Administration Department of the People's Government of the centrally-governed municipality, municipality or county. When the State Council promulgates new regulations, such regulations shall be followed.

  PART FIVE SUBLEASING

  Article 26 The term “subleasing of premises” shall refer to the act whereby the lessee of premises leases out the leased premises again.

  Article 27 The lessee may sublease all or part of the leased premises to others during a lease term, subject to the consent of the lessor.

  The lessor may derive proceedings from subleasing.

  Article 28 Where premises are subleased, a sublease contract shall be concluded. The sublease contract shall be subject to the written consent of the original lessor and must be registered and filed in accordance with the provisions hereof.

  Article 29 The date of termination of the sublease contract may not be after the date of termination provided for in the original lease contract, unless the lessor and the parties to the subleasing agree otherwise upon consultations.

  Article 30 After the sublease contract has become effective, the sublessor shall have the rights and obligations of the lessor provided for in the sublease contract and shall perform the lessee's obligations provided for in the original lease contract, unless the lessor and the parties to the subleasing agree otherwise.

  Article 31 If the original lease contract is altered, rescinded or terminated during the sublease period, the sublease contract shall be altered, rescinded or terminated accordingly.

  PART SIX LEGAL LIABILITY

  Article 32 The Real Property Administration Department of the People's Government of the centrally-governed municipality, municipality or county shall impose administrative punishment on those responsible if any of the following acts is committed in violation of these Procedures:

  1. if anyone forges or alters a Premises Lease Certificate, his certificate shall be revoked and additionally a fine may be imposed;

  2. if anyone fails to apply for and obtain a Premises Lease Certificate on time, he shall be ordered to carry out the procedures therefor within a time limit and additionally a fine may be imposed; or

  3. if anyone subleases premises without obtaining the consent of the lessor and without carrying out registration and filing procedures, the leasing shall be void and the illegal income shall be confiscated and additionally a fine may be imposed.

  Article 33 If a violation of these Procedures is serious and constitutes a criminal offense, the judicial authorities shall pursue criminal liability according to law.

  Article 34 If personnel of the administration of the leasing of premises practise favourism, or engage in malpractice or corruption, the authorities to which they belong shall impose administrative sanctions. If the act is serious and constitutes a criminal offense, the judicial authorities shall pursue criminal liability according to law.

  PART SEVEN SUPPLEMENTARY

  Article 35 Leasing of premises in industrial areas, mining areas, State-owned farms, forests, etc. where the organizational system of a town has not been set up shall be handled with reference to these Procedures.

  Article 36 The administrative departments of provinces and autonomous regions in charge of construction and the Real Property Administration Departments of People's Governments of centrally-governed municipalities may formulate implementing rules on the basis of these Procedures.

  Article 37 The Ministry of Construction shall be responsible for the interpretation of these Procedures.

  Article 38 These Procedures shall be effective as of 1 June 1995.

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