From September 1, the "Beijing Housing Leasing Regulations" came into effect.
While focusing on cultivating and developing the housing rental market, the regulations strictly regulate the market order, and put forward specific regulatory requirements for market chaos such as deduction of rent deposits, individual second landlords, and group rentals, which are more complaints and reports from residents.
The relevant person in charge of the Beijing Municipal Commission of Housing and Urban-Rural Development said that in the leasing relationship, the lessee is generally in a relatively weak position.
Under the principle of equal protection of the parties in the Civil Code, the regulations further highlight the protection of the tenant's living rights and interests in terms of living conditions, security, rent stabilization, and dispute mediation.
The regulations stipulate that housing leasing enterprises and real estate brokerage agencies shall have corresponding funds, personnel and management capabilities, require that the name and business scope of the enterprise should reflect the industry and business characteristics, and clarify the requirements for market entity registration and industry filing.
The regulations also include "individual second landlords" into supervision, stipulating that individuals who sublease more than the specified number of houses should apply for the registration of housing leasing companies, and clarify the penalties for illegal acts, providing a legal basis for solving this persistent problem.
In addition, the regulations put forward requirements for capital supervision, stipulating that leasing companies generally collect a deposit that cannot exceed one month’s rent and must be managed through a third-party special account. Generally, the amount of rent collected at a time cannot exceed three months’ rent, and the excess rent should be included in the supervision; The commission charged by a brokerage agency shall generally not exceed one month's rent, and if the contract expires and the parties renew the contract, the brokerage agency shall not charge commission again.
At the same time, the regulations strictly control "rent loans", stipulating that financial institutions shall issue rental loans based on the recorded lease contract and transfer them to the lessee's account; the loan amount shall not be higher than the lease contract amount, and the loan term shall not exceed the lease contract term. The frequency should match how often the lessee pays rent.
In view of the outstanding problems of group renting safety and disturbing the residents, the regulations stipulate that the rental housing should take the originally planned and designed room as the minimum rental unit, and no partitions may be used to change the internal structure of the house. Non-residential spaces shall not be rented out for living, and the per capita usage area and the number of occupants in each room must meet the regulations.
At the same time, the sub-district offices and township governments are clearly given the management responsibilities and the right to punish illegal group renting.
(Reporter Guo Yujing)