Chapter I General Principles
Article 1 These Regulations are formulated in accordance with the provisions of the Civil Law of People's Republic of China (PRC), the Law of People's Republic of China (PRC) on Urban Real Estate Management and other relevant laws and administrative regulations, and in combination with the actual situation of this Municipality, in order to standardize the housing leasing behavior, protect the legitimate rights and interests of the parties involved in housing leasing and promote the healthy development of the housing leasing market.
Article 2 These Regulations shall apply to the housing lease within the administrative area of this Municipality and its supervision and management.
Article 3 This Municipality practices the important concept of People's City, adheres to the positioning that houses are used for living, not for speculation, cultivates and develops the housing rental market, promotes the formation of a housing rental system with orderly management, standardized service and stable rental relationship, and accelerates the establishment of a housing system with multi-agent supply, multi-channel guarantee and simultaneous rental and purchase to meet the multi-level housing needs of residents.
Article 4 This Municipality shall establish and improve the governance mechanism of urban overall planning, compartmentalization, street and town (township) responsibility, village assistance and industry self-discipline for housing leasing, and bring housing leasing activities into the category of grassroots governance.
Article 5 The Municipal People's Government shall strengthen its leadership over the housing lease work in this Municipality, establish and improve the deliberation and coordination mechanism, study and decide on major issues of housing lease work, and make overall arrangements and coordinate the promotion of housing lease related work.
The District People's Government shall implement the responsibility of territorial management of house leasing, establish a coordinated mechanism for promoting house leasing, and make overall plans to promote the management of house leasing in this area.
Sixth city housing and urban construction management department is responsible for the overall coordination of the city's housing rental work.
The municipal housing management department is the administrative department in charge of housing leasing in this Municipality, responsible for formulating relevant planning and policies for housing leasing, and undertaking the management responsibilities of housing leasing supervision and management, housing leasing operation, real estate brokerage and other industries. The district housing management department is responsible for the specific supervision and management of housing leasing in this area, and guides street offices and township people's governments to carry out housing leasing related work.
The public security department is responsible for the public security management and population management of house leasing.
The market supervision department is responsible for the registration of market entities related to housing leasing, and investigates and deals with unfair competition, monopoly, advertising, price and other illegal acts involving housing leasing.
Development and reform, planning resources, agriculture and rural areas, economic informatization, finance, taxation, financial supervision, civil affairs, emergency management, urban management and law enforcement, education, human resources and social security, network information and other departments, as well as fire rescue institutions shall do a good job in relevant work according to their respective duties.
Seventh street offices and Township People's governments shall be responsible for the daily supervision and management of housing leasing in their respective jurisdictions, and guide the residents' committees and villagers' committees to do a good job in housing leasing.
Residents' committees and villagers' committees shall organize residents and villagers to carry out autonomous activities related to house leasing according to law, and assist neighborhood offices and township people's governments to do a good job in house leasing.
Article 8 On the basis of overall consideration of population, industry, land and key development areas, this Municipality focuses on the rental needs of different groups, rationally plans the scale and structure of rental housing supply, and determines the development goals, main tasks and supporting measures of housing rental in accordance with the principles of job-residence balance, simultaneous increase in storage, layout optimization and adaptation to supply and demand, and incorporates them into the housing development plan.
When preparing the annual residential land supply plan, the rental housing land supply plan shall be listed separately.
Article 9 This Municipality will increase the supply of rental housing through various channels, such as adding state-owned construction land and using existing state-owned construction land to build rental housing, building new commercial housing projects with rental housing, rebuilding rental housing from non-residential housing stock, building rental housing with collective construction land, and renting idle housing.
Article 10 The municipal and district people's governments and their relevant departments shall improve the policies and measures related to housing leasing, deepen institutional innovation, increase the overall planning of resources, comprehensively apply policies such as planning, land, taxation and finance, and increase support for housing leasing.
Article 11 This Municipality relies on the platforms of "One Network Office" and "One Network Unified Management", and establishes and improves a unified public housing rental service platform (hereinafter referred to as the housing rental platform) according to the principle of combining service and management, and makes full use of information technology to promote data sharing, innovate service methods and improve management efficiency.
Article 12 Industry organizations related to housing leasing should strengthen industry self-discipline, formulate housing leasing service norms, codes of conduct and self-discipline standards, carry out vocational training and evaluation, strengthen industry mediation of housing leasing disputes, promote legitimate and fair competition and honest operation of enterprises, and guide enterprises to continuously improve service quality and level.
Article 13 This Municipality shall establish and improve a diversified solution mechanism for housing lease contradictions and disputes, and comprehensively use people's mediation, industry mediation, administrative mediation and judicial mediation to coordinate and mediate housing lease contradictions and disputes, so as to properly resolve them in a timely manner. The relevant departments shall provide support and guidance for the mediation of housing lease contradictions and disputes according to law.
Chapter II Leasing and Lease
Article 14 The parties to the lease shall abide by the provisions of the Civil Law of People's Republic of China (PRC) and other laws and regulations, and consciously perform their statutory and agreed obligations in accordance with the principles of equality, voluntariness, fairness and good faith.
Fifteenth rental housing shall comply with the following provisions:
(a) the house meets the standards and requirements of the state and this Municipality for construction, fire protection, public security, disaster prevention, sanitation and environmental protection;
(2) Having the necessary living conditions such as water supply and power supply;
(three) to the original design or approved by the relevant departments to rebuild the room as the minimum rental unit;
(four) kitchen, bathroom, balcony, storage room and other non-residential houses shall not be rented out separately for living;
(five) the number of people living in each room and the per capita living area comply with the relevant provisions of this Municipality;
(six) other provisions of laws, regulations and rules.
It is forbidden to use the housing for group rent in violation of the provisions of items (3) to (5) of the preceding paragraph.
It is forbidden to use illegal buildings, houses that change the nature of use without authorization and other houses that are not allowed to be rented according to law for rental.
Article 16 The lessor and lessee shall conclude a house lease contract according to law. Encourage lessors and lessees to sign online contracts through the housing rental platform.
Housing lease contracts generally include the following contents:
(a) the identity information and contact information of the lessor, lessee and * * * residents;
(two) to increase the conditions for the allocation of residents;
(three) the basic situation of the house and its ancillary facilities and equipment;
(four) the purpose of the lease, the requirements for the use of the house and the responsibility for maintenance;
(five) the lease term and delivery date of the house;
(six) the amount of rent and deposit, payment method and time limit;
(seven) the way to bear the related expenses of property services, water, electricity, heat and gas;
(eight) the liability for breach of contract and the way to resolve disputes;
(nine) other contents agreed by the parties to the lease.
The municipal housing management department shall, jointly with the municipal market supervision department, formulate and improve the model text of the housing lease contract.
Encourage lease parties to conclude long-term housing lease contracts and establish a stable lease relationship.
Seventeenth the lessor shall, within thirty days after the conclusion of the housing lease contract, register with the district housing management department. You can also register through community affairs acceptance service agencies or housing rental platforms. Where the registered contents change, the lessor shall go through the formalities for change within 30 days.
Materials such as house lease contract, identity certificate and house ownership certificate shall be submitted for registration and filing, and no false materials shall be submitted. No unit or individual may issue false registration certification materials.
Article 18 The lessor shall abide by the following provisions:
(a) to show the lessee the identity certificate and the certificate of ownership of the house;
(two) shall not provide identification materials to natural persons, legal persons or unincorporated organizations to rent houses;
(three) responsible for the safety of the leased premises and the facilities and equipment provided, inform the lessee of the safe use, and agree with the lessee to carry out safety inspection;
(four) found that the lessee has illegal acts in the house, timely report to the relevant departments, and cooperate with the relevant departments to investigate, stop and punish;
(five) shall not deliberately lower the service standard by stopping water supply, power supply, heat supply, gas supply, etc., or use violence, threats and other illegal means to force the lessee to change or terminate the house lease contract and recover the leased house in advance;
(six) other provisions of laws, regulations and rules.
Article 19 The lessee shall abide by the following provisions:
(1) Show the identity documents of the lessee and residents to the lessor;
(two) the rational and safe use of houses, facilities and equipment, and shall not arbitrarily change the use and structure of houses or carry out illegal construction;
(three) the renovation of the house or the addition of facilities and equipment, with the consent of the lessor;
(four) abide by the management regulations or village rules and regulations, and shall not harm the legitimate rights and interests of adjacent rights holders;
(5) Other provisions of laws, regulations and rules.
Twentieth lessors and lessees are encouraged to take out property insurance and personal accident insurance for the leased house.
Chapter III Housing Lease Operation
Twenty-first housing rental enterprises and real estate brokerage institutions shall handle the registration of market entities according to law. The business scope should indicate "house lease" or "real estate broker".
Individuals who sublet houses for profit and engage in housing leasing business activities shall register market entities according to law. Specific provisions shall be formulated by the municipal housing management department in conjunction with the municipal market supervision department.
Twenty-second housing rental enterprises and real estate brokerage institutions shall, within thirty days from the date of obtaining the business license, file with the district housing management department.
Housing leasing enterprises and real estate brokerage institutions should have their own funds, professionals, management systems and risk prevention and control capabilities commensurate with their business scale.
Article 23 This Municipality implements the real-name employment system for employees of housing leasing enterprises and real estate brokerage institutions.
Housing leasing enterprises and real estate brokerage institutions shall handle employment information cards for employees. Employees should hold the real name of the employment information card, and indicate the number of the employment information card on the housing lease contract and real estate brokerage contract that they provide services.
The content and style of the employment information card shall be uniformly stipulated by the municipal housing management department.
Housing leasing enterprises and real estate brokerage institutions should strengthen the management of employees, and urge them to practice in good faith and standardize their practices.
Twenty-fourth housing rental enterprises, real estate agencies to release housing information, it should verify the housing ownership certificate and the basic situation, to ensure that the housing information is true and effective, and shall not publish false housing information. Housing information that has been sold shall be revoked in time.
Housing rental enterprises and real estate brokerage agencies that publish housing information through the network information platform shall also indicate the enterprise filing information and employee information.
Twenty-fifth through the network information platform to publish housing information, network information platform operators should require information publishers to submit identity, address, contact information and housing verification and other information; If the information publisher is a housing leasing enterprise or a real estate brokerage institution, it shall also submit the enterprise filing information and the information of its employees.
The network information platform operator shall verify the materials submitted by the information publisher and establish files, and the file retention period shall not be less than three years.
Network information platform operators can accept the entrustment of information publishers to make rounds on their behalf.
Twenty-sixth network information platform operators know or should know that information publishers provide false materials and publish false information, they should take necessary measures such as deleting and shielding relevant information in time; If necessary measures are not taken, they shall be jointly and severally liable with the information publisher according to law.
For information publishers who have been punished for publishing house information illegally for more than three times within two years, or who are in the period of suspension of business for rectification, the network information platform operators shall take measures to restrict them from publishing house information within a certain period of time according to law.
Twenty-seventh housing rental enterprises, real estate brokerage institutions in the conclusion of housing lease contracts or real estate brokerage contracts, should truthfully explain the housing situation, factors that may affect the use of rental housing and safe use matters, and notify the lessee in writing.
Twenty-eighth housing rental enterprises should complete online signing and registration through the housing rental platform.
If the parties to the lease conclude a housing lease contract through a real estate agency, the real estate agency shall complete the online signing registration through the housing lease platform.
Twenty-ninth housing leasing enterprises engaged in individual housing subletting business shall, in accordance with the provisions, open a special account for the supervision of housing leasing transaction funds in commercial banks and make it public through the housing leasing platform.
The part of a housing leasing enterprise that collects rent from the lessee for more than three months at a time, and the part that collects rent deposit for more than one month, shall be deposited into the special account for the supervision of housing leasing transaction funds.
The specific provisions on the supervision of housing lease transaction funds shall be formulated by the municipal housing management department in conjunction with the financial management department.
Legal basis:
Regulations of Shanghai Municipality on Housing Lease