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, regulating hot issues such as rent and rent loans.
The draft for comments pointed out that these regulations are applicable to the leasing and supervision and management of residential buildings in the administrative area of Beijing and the construction and reconstruction of houses in accordance with regulations. The housing system of simultaneous purchase supports residents to solve housing problems through leasing and improve living conditions.
Reasonably determine the scale of rental housing construction
The draft for comments pointed out that Beijing will include rental housing in its housing construction plan and reasonably determine the scale of rental housing construction.
——The competent department of housing and urban-rural construction is responsible for the supervision and management of housing leasing on state-owned land, housing leasing operations, and real estate brokerage industry management.
——Public security organs are responsible for the daily inspection of housing leasing activities and the management of leasing party information registration.
—— The market supervision department is responsible for investigating and punishing monopoly, unfair competition, infringement of consumer rights, and illegal activities such as advertising and prices.
——The agricultural and rural departments are responsible for the supervision and management of the rental of houses on rural homesteads.
——The fire and rescue, financial supervision, and cybersecurity and informatization departments shall do a good job in accordance with their respective responsibilities.
——Sub-district offices and township people's governments shall strengthen supervision and inspection of housing leasing activities within their jurisdictions, and guide residents' committees and villagers' committees to strengthen autonomous management.
—— Residents’ committees and villagers’ committees shall, under the guidance of sub-district offices and township people’s governments, assist in the management and service of housing leasing, organize the formulation of management conventions, strengthen autonomous management, and mediate conflicts and disputes.
—— Housing leasing and real estate brokerage industry organizations should establish and improve industry service standards, codes of conduct, professional ethics and other industry regulations, conduct professional skills training for practitioners, strengthen industry mediation of housing lease disputes, and promote industry self-discipline management.
The draft for comments pointed out that the following houses are not allowed to be rented out for residential use: those that are illegally constructed, those that have been identified as dangerous ones, that the air quality of the interior decoration does not meet the relevant standards and regulations, and other circumstances stipulated by laws, regulations, and rules.
At the same time, the living room, kitchen, bathroom, balcony, storage room, etc. of the residence may not be rented out for residence.
Rent is collected monthly, and the deposit amount does not exceed 1 month's rent
The rent is negotiated and determined by both parties.
The amount of rent should be specified in the lease contract, and the lessor shall not unilaterally increase the rent during the contract period.
The lessor is encouraged 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.
Beijing established a housing rental management service platform.
The lessor shall sign the housing lease contract through the housing lease management service platform network, and complete the housing lease registration and rental registration simultaneously.
The lessee can apply for a residence permit in accordance with the provisions of the filed lease contract, and use it as a certificate for applying for points settlement, children’s compulsory education and enrollment, provident fund withdrawal and other public services in accordance with the law.
If it is found that the lessee is suspected of using the rented house to engage in criminal activities, it shall promptly report to the public security organ; at the same time, the lessee’s personal information shall not be illegally traded, provided or disclosed.
With the consent of the lessor, the lessee may sublet the house to a third party.
If the lessee subletes, the housing lease contract between the lessee and the lessor shall continue to be valid; if a third party causes the loss of the leased housing and its auxiliary facilities, the lessee shall compensate for the loss.
If the lessee sublet the leased house in whole or in part without the consent of the lessor, the lessor may terminate the contract.
During the term of the housing lease contract, if the ownership of the house changes, the validity of the housing lease contract will not be affected.
If the lessor sells the leased house, it shall notify the lessee within a reasonable period of time before the sale. The lessee has the right to buy first under the same conditions; except for the case where the co-owner of the house exercises the right of first refusal or the lessor sells the house to a close relative .
The granting of rental loans shall not exceed the amount and duration of the housing lease contract
Financial institutions shall issue rental loans on the basis of the registered housing lease contract. The loan amount shall not exceed the amount of the housing lease contract, and the loan period shall not exceed the term of the housing lease contract. The frequency of granting loans should match the frequency with which the borrower pays rent. Loans can only be credited to the borrower's account.
Encourage lessors and tenants to take out rental housing property insurance and personal accident insurance.
Where the lessor or lessee has a dispute in the housing leasing activity, it shall be resolved through negotiation; if the negotiation fails, it may apply to the housing leasing or real estate brokerage industry organization for mediation, or may apply for arbitration or file a lawsuit in accordance with the law. Consumption disputes involving housing leasing companies and real estate brokerage agencies can also apply to the Consumers Association for mediation. (End)