Article 1 In order to standardize the order of the housing rental market, protect the legitimate rights and interests of the parties involved in the housing rental, promote the healthy development of the housing rental market, and ensure public safety, these Measures are formulated in accordance with the People's Republic of China (PRC) Urban Real Estate Management Law, the Jiangsu Urban Real Estate Transaction Management Regulations and other laws and regulations, and combined with the actual situation of this Municipality.
Article 2 These Measures shall apply to the lease of houses on state-owned land within the administrative area of this Municipality and its supervision and management.
Article 3 The management of house lease shall follow the principles of management according to law, cooperation among departments, risk prevention and territorial responsibility.
Article 4 The Municipal People's Government shall strengthen the organization and leadership of housing lease management, establish a joint meeting system of housing lease management in the whole city, promote the linkage of law enforcement among various departments, and coordinate and handle major issues in housing lease management.
The joint meeting of the municipal housing lease management is attended by departments and institutions such as municipal development and reform, public security, finance, planning and natural resources, urban and rural construction, real estate, urban management, market supervision, financial supervision, online information, fire rescue and so on. The office of the joint meeting is located in the city real estate department and undertakes the daily work of the joint meeting.
The District People's Government and the management organization of Jiangbei New District shall incorporate the housing lease management into the grass-roots grid management, and establish a joint meeting system according to the actual situation in this area.
The Town People's Government and the sub-district offices are responsible for the mediation of contradictions and disputes in the management of house leasing within their respective jurisdictions, entrusted by the real estate department to handle the registration and filing of house leasing within their respective jurisdictions, do a good job in publicizing the knowledge of house leasing and the safety in use, carry out daily inspections of house leasing, and strengthen the supervision and management of house leasing activities within their respective jurisdictions.
Article 5 The municipal real estate department is the competent department of housing leasing in this Municipality, and is responsible for the supervision and management of overall planning, guidance, supervision and assessment of housing leasing. District, Jiangbei New District real estate department is specifically responsible for the supervision and management of housing leasing within its jurisdiction.
Development and reform, public security, finance, planning and natural resources, urban and rural construction, urban management, market supervision, local financial supervision, network information, fire rescue and other departments and institutions shall, according to their respective functions and duties, coordinate in the supervision and management of housing leasing.
Article 6 The municipal and district people's governments and the management institutions of Jiangbei New District shall include the housing lease management funds into the fiscal budget at the same level to ensure the investment of funds.
Seventh real estate, housing leasing, real estate brokerage and other industry associations. We should accept the guidance of the real estate sector, formulate industry self-discipline norms, establish an industry service quality reputation evaluation mechanism, organize the training of employees in the housing rental industry, publicly issue risk warnings in the housing rental industry, and assist in the management of housing rental.
Chapter II Leasing and Lease
Article 8 The lessor shall abide by the provisions of laws and regulations, and ensure that the leased house meets the standards and requirements in terms of construction, fire protection and environmental protection, and has the necessary water and power supply conditions.
The specific standards for per capita rental housing area shall be formulated by the municipal real estate department and implemented after being approved by the Municipal People's Government and announced to the public.
Kitchen, bathroom, balcony, garage, storage room and other non-residential space shall not be rented for living.
Ninth houses under any of the following circumstances shall not be rented:
(a) no housing ownership certificate or other housing ownership materials;
(two) * * there is a house that has not obtained the consent of other * * * people according to law;
(3) being sealed up according to law;
(four) identified as dangerous houses can not continue to use;
(five) to change the use of the house, it must be approved according to law without approval;
(6) Other circumstances prohibited by laws and regulations.
Article 10 Where a house is rebuilt or renovated for rent, the renovated building materials, building components, equipment and air quality shall meet the requirements of relevant standards and shall not endanger the safety and health of the lessee.
If a non-residential house is converted into a rental house, it shall go through the formalities in accordance with the provisions.
Eleventh release of rental housing listing information, should indicate the location, use, area, pictures, prices and other real and effective information. The real estate department shall provide verification services for housing ownership information.
The same house of a housing leasing enterprise or real estate agency can only be published once on the same Internet platform, and the housing information published through different channels should be consistent.
If the leased house has been sold or the entrustment has been revoked, the housing leasing enterprise or real estate brokerage institution shall promptly revoke the housing information within five working days.
Article 12 The real-name transaction system shall be implemented for house leasing, and the lessor and lessee shall provide true identity information. The lessee has the right to request the lessor to cooperate with it to inquire and verify relevant information according to law.
Thirteenth lessor and lessee shall sign a house lease contract according to law. The municipal real estate department shall, jointly with the municipal market supervision department, formulate a model text of the house lease contract for the reference of the lessor and the lessee.
Fourteenth parties to a house lease shall, within 30 days after the signing of the house lease contract, apply for the registration of house lease to the real estate department where the house is located or the town people's government or the street office entrusted by it, and submit the following materials:
(a) housing ownership certificate or other housing ownership materials;
(2) Housing lease contract;
(three) the identity documents and other legal documents of the parties to the house lease.
If the house lease contract is changed or cancelled, the parties to the house lease shall apply to the original filing authority for the change or cancellation of the registration of the house lease within 30 days.
Housing leasing enterprises rent houses, and the housing leasing enterprises shall handle the registration of housing leasing. If a real estate brokerage agency facilitates the conclusion of a house lease contract, it may handle the house lease registration on its behalf.
The materials submitted by the parties involved in house leasing, house leasing enterprises and real estate brokers shall be true, lawful and valid, and no false materials shall be submitted.
Fifteenth to encourage housing rental parties, housing rental enterprises, real estate agents through the housing rental service supervision platform online self-help to conclude housing rental contracts, housing rental registration.
Sixteenth real estate departments and their entrusted town people's governments and sub-district offices shall handle it within three working days from the date of receiving the application for housing lease registration. At the request of the parties, the real estate department shall issue a certificate of house lease registration.
No fees shall be charged for the registration of house lease.
Article 17 The lessor shall abide by the following specifications:
(1) Examining the identity documents, business licenses or other valid certificates of the lessee, agent and actual resident;
(II) If the number of rooms in centralized rental houses reaches 10 or the number of rented beds reaches 10 or more, the corresponding safety management system shall be established in accordance with the safety regulations of public activity places, the management personnel shall be defined, and fire control facilities, equipment and safe passages shall be set up according to law;
(three) to urge the lessee to implement the responsibilities of safety production, fire control and public security, and to urge the lessee to deal with the security risks during the lease period;
(four) to the public security organs to declare the registration of rental housing residential information, the lessee changes or stops the lease, to the public security organs to declare the change or cancellation of registration;
(five) to cooperate with the relevant departments to investigate and deal with the illegal acts of the lessee and the cohabitant;
(six) other norms stipulated by laws and regulations.
Article 18 The lessee shall abide by the following norms:
(1) Use the house safely and reasonably according to the lease purpose and use requirements agreed in the contract;
(two) shall not be damaged, unauthorized removal of fire facilities or building load-bearing structure. Without the consent of the lessor, the lessee shall not decorate, dismantle or change the indoor facilities or other structures of the house without authorization. Shall not carry out illegal construction;
(3) If the leased house is subletted, lent to others for residence, and lived with others for more than seven days, or the actual number of residents increases, it shall report and register the residential information of the leased house to the public security organ;
(four) other norms stipulated by laws and regulations.
Nineteenth housing lease contract expires or terminates, the lessee shall vacate the leased premises in a timely manner. If the lessee refuses to vacate, the lessor may require him to vacate according to law, and shall not force him to vacate by violence, threat or other illegal means; If losses are caused, the lessee shall be liable for compensation according to law.
Chapter III Housing Leasing Enterprises
Article 20 When renting a house, a house leasing enterprise shall clearly mark the price, and issue a list of charges before charging, indicating all service items, charging standards, charging amount, charging methods and other contents.
Housing leasing enterprises shall not default on rent, raise the lessee's rent without authorization or charge additional rental fees in disguise. When the lease contract expires or terminates, in addition to offsetting the expenses agreed in the contract, the housing leasing enterprise shall promptly return the remaining rent and deposit of the lessee.
Housing leasing enterprises engaged in subletting business shall submit the opening information to the local real estate department in accordance with the regulations.
Twenty-first housing rental enterprises shall not require the lessee to use housing rental loans by means of fraud or coercion, and shall not induce the lessee to use housing rental loans in the name of rent concessions and installment payment.
Twenty-second housing leasing enterprises engaged in subletting business shall set up housing leasing fund supervision accounts in commercial banks in accordance with relevant state regulations.
If a housing leasing enterprise engaged in subletting business collects rent for more than three months at a time, or collects deposit for more than one month at a time, it shall include the rent and deposit collected in the supervision account of housing leasing funds, pay rent to the housing right holder through the supervision account of housing leasing funds, and refund the deposit to the lessee.
Housing leasing enterprises engaged in subletting business shall also release information on the supervision account of housing leasing funds.
The municipal real estate department shall, jointly with relevant departments, establish a supervision system for housing rental funds and strengthen daily supervision and management.
Twenty-third housing rental enterprises and their employees shall not have the following acts:
(a) publishing false housing information;
(two) concealing important information that affects the rental of houses;
(3) urging the lessee to accept the service by improper means such as concealment, fraud or coercion;
(4) Providing financial products and services in violation of regulations;
(five) to obtain credit funds in the name of the lessee or owner of the house;
(six) disclosure or improper use of customer information;
(seven) other acts as prescribed by laws and regulations.
Twenty-fourth natural persons who sublet more than ten houses (rooms) shall go through the registration of market entities according to law.
Chapter IV Brokerage Activities
Twenty-fifth real estate brokerage institutions shall, within thirty days from the date of obtaining the business license, file with the local real estate department.
When a real estate brokerage institution signs a real estate brokerage service contract with the client according to law, it shall examine and record the client's identity certificate, housing ownership and other information, inspect the house on the spot, and prepare a housing condition statement. With the written consent of the client, the corresponding housing information can be released.
Real estate brokerage institutions shall clearly mark the housing rental services, and shall not charge any unspecified fees.
Article 26 If the parties to a house lease agree that a real estate brokerage agency will collect and pay the rent on their behalf, they shall transfer the rent through the special deposit account for customer transaction settlement funds opened by the real estate brokerage agency in the bank.
Twenty-seventh real estate brokerage institutions and their employees shall not have the following acts:
(a) publishing false housing information;
(two) concealing important information that affects the rental of houses;
(3) Providing financial products and services in violation of regulations;
(four) to provide brokerage services for houses that are not allowed to be rented according to law;
(five) compulsory agency housing provident fund withdrawal and other services and additional costs;
(six) without the consent of the parties, signed a house lease contract in the name of the parties;
(7) Earn the rent difference;
(eight) disclosure or improper use of customer information;
(nine) other acts as prescribed by laws and regulations.
Twenty-eighth Internet platform operators who provide housing rental information publishing services shall require housing rental enterprises, real estate brokerage institutions and subjects who publish more than ten sets (rooms) of sublet housing information to submit true identity information. Belonging to the main body of the state regulations prohibiting the release of housing information, housing information shall not be released.
Internet platform operators who provide housing rental information publishing services shall cooperate with real estate, public security, market supervision and local financial supervision departments to obtain housing rental data or related information.
Internet platform operators who provide housing rental information publishing services know or should know that information publishers use network services to infringe upon the civil rights and interests of others, and should take necessary measures according to law; If necessary measures are not taken, they shall be jointly and severally liable with the information publisher according to law.
Chapter V Service and Supervision
Twenty-ninth real estate departments responsible for the daily supervision and management of the housing rental market, specifically undertake the following duties:
(a) the establishment, operation and maintenance of housing rental service supervision platform, the implementation of rental property table management, provide housing ownership information verification, query and other services;
(two) according to the law for housing lease registration;
(three) to regulate the behavior of housing leasing enterprises, real estate brokerage institutions and their employees according to law;
(four) to regulate the rental behavior of lessors and lessees according to law;
(five) to guide the property service enterprises to assist in the management of housing lease;
(six) other duties as prescribed by laws, regulations and rules.
Thirtieth public security organs shall be responsible for the public security management of house leasing activities, carry out public security inspections, and investigate and deal with public security violations according to law.
The planning and natural resources department is responsible for issuing planning opinions on rental housing built in violation of urban and rural planning laws and regulations.
The urban management department is responsible for investigating and dealing with rental houses built in violation of urban and rural planning laws and regulations. Streets, towns and villages to implement comprehensive law enforcement system reform, in accordance with the relevant provisions.
The market supervision department is responsible for handling the registration of relevant market entities in accordance with the law, and investigating and dealing with illegal acts such as publishing false advertisements and driving up rents by housing leasing enterprises and real estate brokers.
Local financial supervision departments are responsible for communicating and coordinating financial institutions to strengthen the management of housing rental consumer loans.
Thirty-first real estate departments shall, in accordance with the provisions, announce to the public the opening information of housing leasing enterprises and the filing information of real estate brokerage institutions.
Article 32 The information collected in house leasing activities shall be protected by law. Any organization or individual shall obtain and guarantee information security according to law, and shall not illegally collect, use, process, transmit or disclose other people's information.
The owner of the house and the interested party may inquire about the registration and filing information of the house lease from the real estate department or the town people's government or the street office entrusted by the real estate department according to law. When inquiring, the purpose of the inquiry shall be stated, and the real estate department or the town people's government or the street office entrusted by the real estate department shall provide convenience.
Thirty-third this city relies on the municipal housing rental service supervision platform to establish a housing rental information sharing mechanism, and gradually realize the exchange and sharing of housing rental information and data. The real estate department and the departments of development and reform, public security, taxation, urban management, market supervision, local financial supervision, network information and other departments shall, in accordance with the division of responsibilities, do a good job in the exchange and enjoyment of housing rental information and data.
Encourage housing rental enterprises, real estate brokers and Internet platform operators to take the initiative to connect with the municipal housing rental service supervision platform.
Article 34 The municipal real estate department shall establish a database of housing rental enterprises, real estate brokerage institutions and their employees and a database of rental houses, conduct dynamic management and price monitoring of housing rental information, and regularly publish the reference price of housing rent.
Article 35 Relevant departments and institutions such as real estate, public security, planning and natural resources, urban and rural construction, urban management, market supervision, local financial supervision, fire rescue, etc. shall establish a coordinated law enforcement linkage mechanism to supervise and inspect the housing rental market, and disclose the inspection results to the public according to law.
Housing leasing enterprises, real estate brokerage institutions, property service enterprises and their employees shall cooperate with the supervision and inspection, market monitoring and information collection of relevant departments to provide relevant information truthfully.
Article 36 The town people's government, sub-district offices, real estate, public security, fire rescue and other relevant departments and institutions shall regularly conduct safety inspections on the concentrated areas of rental houses, and conduct daily inspections on the safety, structure and use of rental houses, fire-fighting facilities, evacuation passages, electricity and gas facilities, vehicle charging and parking. , the formation of inspection records, the implementation of safety precautions, and urge to eliminate potential safety hazards.
In the safety inspection and daily inspection, it is found that there are potential safety hazards in the rental house, or complaints and reports involving illegal acts of rental house safety are received, which belong to the scope of public security management, and shall be disposed of by the public security organs in a timely manner according to law; Belonging to the management scope of building structural safety and fire safety, it shall be handled by the real estate department and fire rescue institutions in a timely manner according to law.
Thirty-seventh city real estate departments in accordance with the law of housing rental enterprises, real estate brokerage institutions and their employees to implement credit evaluation and scoring mechanism and classified management. City real estate departments can determine the proportion and frequency of administrative law enforcement spot checks according to the classification, and carry out trustworthy incentives and disciplinary actions in conjunction with relevant departments and institutions.
Article 38 The municipal real estate department shall, jointly with the municipal market supervision, local financial supervision and other departments, take measures such as interviewing and warning, issuing risk warnings, investigating and dealing with housing leasing enterprises that have significant operational risks or seriously damage the rights and interests of housing leasing parties, so as to prevent and resolve the financial risks of housing leasing.
Thirty-ninth disputes arising from rent arrears, deposit refund, house maintenance, vacant houses, etc. in house leasing activities shall be settled by the parties involved in house leasing through consultation; If negotiation fails, you can apply for mediation to the town people's government, sub-district offices or mediation institutions established according to law, or you can apply for arbitration or bring a lawsuit according to law.
Chapter VI Legal Liability
Fortieth in violation of the provisions of these measures, laws, regulations and rules have been punished, from its provisions.
Forty-first in violation of the provisions of the fourth paragraph of Article 9 of these measures, the rental of dangerous houses that can no longer be used shall be punished by the real estate department in accordance with the relevant provisions of the Regulations on the Administration of Urban Real Estate Transactions in Jiangsu Province.
Article 42 Whoever, in violation of the provisions of Article 10 of these measures, uses unqualified building materials, building components and equipment for the decoration of leased houses shall be punished by the urban and rural construction departments in accordance with the relevant provisions of the Regulations on Quality Management of Construction Projects and the Regulations of Nanjing Municipality on Decoration Management.
Forty-third in violation of the provisions of article fourteenth of these measures, the parties to the housing lease, housing rental enterprises or real estate brokerage institutions submit false housing lease registration materials, and the real estate department shall order them to make corrections within a time limit; If no correction is made within the time limit, a fine of not less than one hundred yuan but not more than five hundred yuan shall be imposed on individuals, and a fine of not less than ten thousand yuan but not more than thirty thousand yuan shall be imposed on units.
Article 44 If, in violation of the provisions of the first and second paragraphs of Article 22 of these measures, the housing leasing enterprise engaged in subletting business fails to set up a housing leasing fund supervision account, or fails to collect and use the funds in the supervision account in accordance with the provisions, the real estate department shall order it to make corrections within a time limit; Overdue correction, by the real estate sector to be informed criticism, punishable by a fine of thirty thousand yuan and one hundred and fifty thousand yuan.
Article 45 In violation of the provisions of the first paragraph of Article 28 of these Measures, if the Internet platform operator fails to provide the real identity information of the housing information publishing subject, or provides related services to the housing information publishing subject that fails to provide the real identity information, the network information department shall punish it in accordance with the relevant laws and regulations on network security.
Article 46 If the relevant departments of house leasing and their staff abuse their powers, neglect their duties or engage in malpractices for selfish ends in the management of house leasing, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If losses are caused, it shall be liable for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VII Supplementary Provisions
Article 47 The term "housing leasing enterprise" as mentioned in these Measures refers to an enterprise that engages in housing leasing business, provides its own housing or other people's housing obtained through legal means to the lessee for residence, signs a housing lease contract with the lessee, and collects rent from the lessee.
Forty-eighth any of the following circumstances, which belongs to the housing rental behavior:
(a) the owner of the house or the owner of the right to use the house will hand over the house to others for operation, obtain fixed income or share the income, and will not bear the business risk;
(2) dividing the house for others to use and collecting rent;
(3) Renting or subletting the house by other means.
The supervision and management activities of apartments and daily rental houses that provide daily or hourly accommodation services shall be implemented in accordance with relevant regulations.
Forty-ninth lease activities and supervision and management of houses built according to law on collective land can be implemented with reference to these measures.
Public rental housing and other affordable housing, the implementation of government pricing of public housing rental activities and their supervision and management, in accordance with the relevant provisions.
Fiftieth these Measures shall come into force as of May 65438, 2022+0. The Nanjing Municipal People's Government issued the "Nanjing Housing Lease Management Measures" on September 10, 2004, which shall be abolished at the same time.