[Economic Observation] What is the impact of online signing and filing of housing lease contracts?
Since September, online contract signing and filing registration are required for renting a house in Beijing.
This new regulation stems from the first local regulation in the country to regulate housing leasing, the Beijing Municipal Housing Leasing Regulations (hereinafter referred to as the “Regulations”).
According to the "Regulations", Beijing will establish and improve a housing rental management service platform to provide rental parties with services such as online signing of housing rental contracts, registration and filing, information inquiry and verification.
The lessor shall go through the registration and filing of housing lease within 30 days of signing the lease contract; enterprises and real estate brokerage agencies engaged in housing lease operations complete the online signing of the lease contract through the housing lease management service platform, and automatically submit the registration and filing.
As an agreement between equal civil subjects, a contract is legally established if it satisfies the requirements of the subject's qualifications, true expressions of intent, and does not violate laws and regulations, social order and good customs.
So, for housing lease contracts, why does the Regulations further propose registration and filing requirements, and encourage the completion of housing lease contract signing and filing through the housing lease management service platform?
From a practical point of view, for a long time, due to the needs of regulatory review and avoiding "one house and two sales", online signing and filing of commercial housing sales has become a social consensus.
While renting a house involves stabilizing the right of residence, it also belongs to the scope of people's livelihood, but the housing lease contract is often signed privately by both the lessor and the lessee or through an intermediary.
In a lease relationship, the lessee is generally in a relatively weak position.
Arbitrary rent increases, deductions of deposits, violent settlements, thunderstorms in long-term rental apartments, and second landlords running away with money, and other irregularities in the housing rental market have shaken the protection of rights and interests that tenants should enjoy.
The relevant person in charge of the Beijing Municipal Commission of Housing and Urban-Rural Development said that from the management practice over the years, more than 90% of the complaints reflect that the rights and interests of the lessee have been violated.
It is on this basis that, 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.
For example, with regard to issues such as early closing of houses and arbitrary price increases, which are generally of concern to lessees, the Regulations stipulate that no methods such as stopping water supply, power supply, heat supply, and gas supply, or illegal methods such as violence and threats, may be used to recover the lease in advance. Housing; When the rent of housing has risen significantly or is likely to rise significantly, the Municipal People's Government may take price intervention measures such as declaration of price increase, restriction of rent or rent increase, etc., to stabilize the rent level.
The online signing and filing of the housing lease contract will help to put the above-mentioned rent and deposit amount, lease term, reasonable notice period for termination of the contract and other content closely related to the rights and interests of the lessee into the contract model text "in black and white", so as to ensure the safety of living. The property and stability, the collection of rents and deposits, etc. are all brought into the scope of supervision, so as to facilitate the relevant departments to implement more effective and effective supervision.
In addition, the "Regulations" stipulate that housing leasing companies and real estate brokerage agencies shall have the corresponding funds, personnel and management capabilities and be registered and filed. Individuals who sublease houses exceeding the specified number should apply for registration and filing of the establishment of housing rental companies, which has precisely cracked down on black intermediaries. The illegal behavior of the "second landlord" has further standardized the order of the housing rental market.
As the first city to incorporate "rent and purchase" into local legislation, Beijing's introduction of the "Regulations" is conducive to guiding the healthy and orderly development of the rental market and accelerating the improvement of the housing system with both rental and purchase.
In order to realize the simultaneous development of lease and purchase, the same rights for lease and sale are the meaning of the title.
Different from the owner of the property right, before the online signing and filing of the housing lease contract is implemented, there are many inconveniences for the lessee to handle various businesses.
After the online signing and filing, the lessee can apply for a residence permit, settle points, and withdraw the provident fund and other public services by virtue of the housing lease contract registration and filing number.
It can be seen that the online signing of housing lease contracts not only protects the rights and interests of the lessee, but also provides a guarantee for the lessee to obtain a balanced public service.
Shi Lanna