According to the Measures for the Administration of Commercial Housing Lease
Article 14 Within 30 days after the conclusion of the house lease contract, the parties to the house lease shall go through the house lease registration at the construction (real estate) department of the people's government of the municipality directly under the central government, city or county where the leased house is located.
The parties to the house lease may entrust others to handle the lease registration in writing.
Article 23? In violation of the provisions of the first paragraph of Article 14 and Article 19 of these Measures, the competent department of construction (real estate) of the people's government of the municipality directly under the central government, city or county shall order it to make corrections within a time limit; Individuals who fail to make corrections within the time limit shall be fined 1000 yuan; If the unit fails to make corrections within the time limit, it shall be fined 1000 yuan or more 1 10,000 yuan or less.
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Recently, the Legislative Affairs Office of Nanning announced the newly drafted "Nanning Housing Lease Management Measures (Revised Draft)" and publicly solicited opinions from all walks of life.
The most interesting change in this revision is to punish the units and parties who do not take the initiative to register and file the house lease: "Both parties to the house lease contract shall go through the registration and filing procedures with the county real estate management department where the leased house is located within 30 days after signing the contract; If it is not handled within the time limit, a fine of less than 1,000 yuan will be imposed on the individual and a fine of more than 1,000 yuan and less than 10,000 yuan will be imposed on the unit. "
The reporter learned that the current housing rental filing rate in Nanning is low. Many tenants have lived for many years and have legal lease contracts, but they have not registered for a long time. Lease registration is the premise of legal management. If the lessor and lessee do not take the initiative to register, the relevant regulations will be invalid from the source. So, why don't both parties take the initiative to register? Can the relevant penalties in the new draft significantly improve the registration rate?
Ms. Wang is from Guilin. After graduating from college, she rented a house of more than 50 square meters near Nanhu Park in Nanning, and has been "peaceful" with the landlord.
At the beginning of 20 17, Ms. Wang wanted to license the newly bought electric car, but the original uncomplicated things led to the two sides breaking up in discord-according to the relevant regulations of Nanning, non-local household registration personnel must have a residence permit to apply for electric car licensing; The lessee applying for residence permit shall provide the public security department with a copy of the lessor's real estate license. Although she said everything, the landlord refused to provide this copy.
This incident left a psychological shadow on Ms. Wang: "I only want a copy of the real estate license, and the landlord does not agree; The government stipulates that rental houses should be registered. What if the landlord refuses to get the certificate? " Regarding the penalty for not registering the house lease, Ms. Wang thinks that "the board should be played on the landlord", but this revised draft does not clarify this issue and does not rule out the result of "playing 50 boards each".
Ms. Wang's point of view has been recognized by many tenants: "Landlords have the initiative and they should bear more responsibilities." On the other hand, the landlord is also "screaming". Mr. Qiu, who owns several apartments for rent in Nanning, said: "In order to register, my tenants and I have to take time off, but we haven't seen any benefits brought by registration."
Another important reason for not wanting to register is to pay taxes. Xiao Qin, a salesman of a real estate agency, told reporters that they also tried to guide both parties to register with the relevant departments, but as soon as the lessor heard that he had to pay taxes, he began to "manage him". Based on this, Xiao Qin believes that the lessor should bear the main responsibility for lease registration: "In fact, many lessors have copies of the lessee's ID card, which can be registered directly."
Is the housing lease registration "no" as Mr. Qiu said? Hou Kangshun, deputy director of Nanning Legislative Affairs Office, disagreed. "Housing lease registration is the guarantee of the legitimate rights and interests of both parties." Hou Kangshun said that under normal circumstances, neither the lessor nor the lessee knows the other party's situation. "The leased house is sealed up by the judicial and administrative organs, or the ownership is disputed, and the lessee may face risks;
On the other hand, if the lessee is a fugitive or maliciously owes rent, it is difficult for the lessor to safeguard his legitimate rights and interests. "When handling lease registration, relevant departments should review the core issues such as valid documents and real estate ownership of both parties, which effectively reduces the risk of house leasing.
In fact, it is not uncommon for the interests of both parties to be damaged because they are not registered according to law. Xiaohuan Wei, the captain of the population management brigade of Nanhu Public Security Bureau, told reporters about the case of multiple tenants "escaping orders" within their jurisdiction:
"Individual tenants are' bad intentions' from the beginning, deliberately providing false documents to the landlord, not saying' escape' after defaulting on rent, and some even swept away the items belonging to the landlord in the house. Because the landlord failed to grasp the effective information of the lessee, it was very difficult for the police to trace it. "
"From a global perspective, the first-level government cannot grasp the housing rental situation within its jurisdiction, which may have a negative impact on government decision-making and related policy implementation." Hou Kangshun hopes that the implementation of this draft will benefit more people. "Welcome all circles to continue to make comments and suggestions on the draft to help us further improve management measures."
Management and service should go hand in hand.
"Why both sides refused to register? Although there is a factor of the landlord's' small abacus', the registration procedure is complicated and it seems troublesome to ordinary people. " Mo Guanghui, an associate professor at the School of Public Administration of Guangxi University, said that renting houses should be registered and changes should be registered. "There is also the expression of' other materials that should be submitted according to law' in this draft.
In fact, Nanning has already had a successful example in the management of floating population: in 20 12, the city took the lead in promoting the residence permit system in the whole region, and now more than 900,000 residence permits have been issued, providing more thoughtful services for floating population.
"It is precisely because the residence permit is loaded with many benefits such as education, medical care, employment and housing that foreigners will take the initiative to apply for a permit." Mo Guanghui said that functional departments should further change their concepts, and management and services should be promoted simultaneously, so that both parties can see "benefits".
People's Daily Online-Nanning plans to introduce new regulations to strengthen housing lease management? Severe punishment for not registering for the record.
Baidu Encyclopedia-Measures for the Administration of Commercial Housing Leasing