Chinanews.com, Beijing, August 24 (Reporter Du Yan) Beijing will encourage lessors to collect rent on a monthly basis.
If both parties to the lease agree to collect a deposit in the housing lease contract, the amount of the deposit generally does not exceed one month's rent.
From now on, the "Beijing Housing Leasing Regulations (Consultation Draft)" (hereinafter referred to as the "Consultation Draft") drafted by the Beijing Municipal Commission of Housing and Urban-rural Development (hereinafter referred to as the "Consultation Draft)" is open to the public for comments. The deadline for comments is September 23, 2021.
The draft has 6 chapters and 81 articles, which regulates hot issues such as the release of online housing, group rental housing, and long-term rental apartments.
The draft for comments pointed out that the leasing services referred to in these Regulations include information release, intermediary, agency, and subletting services provided to lessors and lessees.
Real estate brokerage agencies may provide intermediary and agency services, but may not provide subletting services.
Housing leasing companies can provide subletting services.
The name and scope of business enterprises and institutions must be clear
The draft for soliciting opinions proposes that housing leasing companies and real estate brokerage agencies shall meet the following requirements:
(1) An enterprise engaged in housing leasing business shall register as a market entity in accordance with the law and obtain a business license, and its name and business scope shall include the words "housing leasing".
The business scope of a real estate brokerage agency should include "real estate brokerage";
(2) Have the corresponding funds, professionals and management capabilities, and sign labor contracts with employees;
(3) It has been put on record by the competent department of housing and urban-rural construction in the district.
The draft for comments pointed out that practitioners of housing leasing companies and real estate brokerage agencies should apply for and use practitioner information cards in accordance with regulations and practice in real names.
The specific regulations shall be formulated separately by the municipal competent department of housing and urban-rural development.
The housing lease contract and the real estate brokerage service contract should be signed by the practitioner who provides the service and indicate the practitioner’s information card number.
Before signing a housing lease contract or a brokerage service contract, housing leasing companies and real estate agencies should check the lessor’s ID, the leased housing’s real estate ownership certificate, or other legal vouchers that prove the ownership of the real estate rights, check the housing on the spot, prepare and inform the housing situation description. Lessee.
The lessor can release housing information by himself or by entrusting real estate brokerage agencies and housing leasing companies
The draft for comments pointed out that housing information released by lessors, housing leasing companies, and real estate brokerage agencies should be true, accurate, and effective.
Housing information that has been transacted or revoked entrusted should be revoked from various channels within 5 working days.
The Internet information publishing platform that publishes, displays, and promotes Beijing housing rental information shall comply with Beijing’s administrative regulations on housing release, housing display, network security, and data confidentiality, and shall file with the competent department of housing and urban-rural construction.
The specific regulations shall be formulated separately by the municipal competent department of housing and urban-rural development.
If the Internet information publishing platform knows or should know that the information publisher has provided false materials, false information and other illegal situations, it shall delete and block the relevant information in a timely manner, and report to the competent department of housing and urban-rural construction; if the necessary measures are not taken, causing losses to others, In accordance with the law, bear joint and several liability with the information publisher.
Internet information publishing platforms shall, in accordance with the law, review and register the true and effective identities of entities and individuals that apply to enter the platform to publish, display, and promote rental information, establish files, verify and update regularly, and keep the collected user information strictly confidential.
The draft also pointed out that the price of housing rental housing released, displayed, and promoted by real estate agencies should be consistent with the written price entrusted by the owner.
The commission charged by real estate agencies for intermediary and agency services generally does not exceed one month's rent.
Upon expiration of the housing lease contract and the lessor and the lessee renew or re-sign the housing lease contract, the real estate brokerage agency shall not charge commission again.
The amount of rent collected by a housing leasing enterprise from the lessee in a single time shall generally not exceed the total of the three-month rent; if it exceeds, the rent collected shall be subject to supervision.
The amount of the deposit collected by the housing leasing company from the lessee shall not exceed one month's rent, and it shall be held in custody through a third-party special account as required.
The specific regulations on rent supervision and deposit trusteeship shall be separately formulated by the municipal competent department of housing and urban-rural construction.
Upon expiration or termination of the housing lease contract, in addition to deducting rent, liquidated damages and other expenses, the housing leasing company shall return the deposit and remaining rent to the tenant within 3 working days after the tenant returns the housing.
Prohibit driving up rents and speculating on housing rental market trends and prices
The draft for comments pointed out that housing leasing companies, real estate brokerage agencies and practitioners must not engage in the following behaviors:
(1) Acts that disrupt market order, such as driving up rents and tying up consumption;
(2) To exaggerate and speculate on the trends and prices of the housing leasing market;
(3) Failing to publish, display, or promote housing information at the price entrusted by the lessor in writing;
(4) Handling employee information cards for those who have not signed a labor contract;
(5) Altering, forging, altering, buying, selling, renting, or illegally transferring the practitioner's information card in other forms;
(6) Illegal collection, storage, sale, disclosure, use, processing, and transmission of other people's information;
(7) To undertake business or collect fees in the name of an individual.
Real estate brokerage agencies and employees shall not collect and pay rents and deposits on their behalf, and shall not earn rent differentials.
The draft for comments pointed out that housing leasing companies should establish and improve internal management systems such as information inspection, safety guarantees, and regular inspections and organize their implementation.
Housing leasing companies shall not require tenants to use housing rental loans by means of concealment, inducement, deception, or coercion.
It is not allowed to include rental loan related content in the housing lease contract.
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