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How is the personal housing rental contract in Shanghai explained?

For landlords and tenants, the lease contract is the basis for house leasing. The future use, maintenance, leasing, etc. of the house will all be maintained by virtue of the contract. However, the lease contract in Shanghai is different from the lease contracts in other provinces and cities. It mainly needs to include the general profile of the house, use, lease period, rent, maintenance status, etc. For this reason, this article specifically explains the personal house lease contract in Shanghai. 1. This contract is applicable to the pre-leasing of commercial housing within the administrative area of ????this city and the leasing of housing with rents determined through negotiation based on market-oriented principles. It does not include public residential housing leasing according to the rent standards stipulated by the municipal government, leasing through administrative allocation and government investment. The leasing of public welfare non-residential houses constructed and private residential houses rented out in accordance with the rent standards stipulated by the municipal government before the implementation of the Regulations. 2. Pre-lease is limited to commercial houses invested and constructed by real estate development enterprises and has obtained a pre-sale license. However, commercial houses that have been pre-sold by real estate development enterprises are not allowed to be pre-leased; pre-renters of commercial houses are also not allowed to pre-lease pre-purchased houses. 3. The words "renting" or "pre-leasing" in the terms of this contract are reminder symbols, indicating that the terms apply to leasing or pre-leasing. When this contract is used as a house rental contract, only the content marked with the rental part can be used; when used as a commercial house pre-lease contract, only the terms of the pre-lease part and the "pre-lease related matters" part of the supplementary terms can be used Other unmarked clauses in the terms and conditions are general terms and apply regardless of whether they are pre-rented or rented. 4. If this contract is used for the pre-lease of commercial housing, after the commercial housing is completed and the real estate development enterprise handles the initial real estate registration and obtains the real estate certificate, both parties to the pre-lease shall sign a handover letter for the use of the commercial housing. The contract is converted into a house leasing contract, and the original pre-lease terms in the contract have been fulfilled. 5. The text of this contract is a model text (for trial implementation) formulated by the Municipal Bureau of Housing, Land and Resources and the Shanghai Municipal Administration for Industry and Commerce in accordance with the "Shanghai House Leasing Regulations". The terms and conditions are indicative terms for the parties to the lease to agree upon. Matters not covered in this contract can be clarified by supplementary clauses entered into by Party A and Party B after consensus reached through negotiation. 6. Before signing this contract, the lessor shall issue a real estate certificate or other ownership certificate to the lessee, and the real estate development enterprise shall issue a pre-sale license to the pre-lessor. and submit relevant identity certificates to each other. If the house is rented to migrant workers, the lessor should also present the "Public Security License for House Rental" issued by the public security department. 7. Within 15 days after the signing of this contract, the parties shall register and file the contract in accordance with regulations. Among them, if it is a house lease, you should go to the real estate trading center or farm system acceptance office where the house is located to get the lease contract registration and filing certificate; if it is a commodity pre-lease, the export-sold commercial house should be registered and filed with the municipal real estate trading center; domestic sales commercial house should be registered with the municipal real estate trading center; Registration should be done at the real estate trading center where the house is located. After the pre-leased commercial house is completed and the real estate certificate is obtained, both parties shall sign a handover letter for the use of the pre-leased commercial house, and then register and file it with the real estate trading center or farm system acceptance office where the house is located according to regulations, and obtain the lease contract registration and filing certificate. After the lease contract is registered and filed, you can fight against a third party when there are repeated pre-leasing, leasing, transfer of the house during the lease, or disposal after setting up a mortgage. 8. If one party requests registration and filing, but the other party refuses to cooperate, the party requesting registration and filing can handle registration and filing with this contract, valid identity certificate and other relevant documents. 9. House leasing security deposit is a performance guarantee measure. When a house is rented out, the lessor can agree in the contract with the lessee to collect a house rental deposit. The amount of the lease security deposit shall be agreed upon by both parties to the lease. When the lease relationship is terminated, the house rental security deposit shall be used to offset the expenses stipulated in the contract to be borne by the lessee, and the remaining part shall be returned to the lessee. 10. The text of this contract can be purchased from the city or district or county real estate transaction center or farm system acceptance office where the house is located. Both parties should read this contract carefully and understand the contents of each clause carefully before using it. 11. This contract is a model text for reference by the parties. 12. If the leasing relationship in this contract is acted as an agent or intermediary by a brokerage agency, the leasing party shall require the brokerage agency and broker to sign and seal the last page of this contract. House leasing Shanghai contract commercial housing pre-lease (Contract No.: ) Both parties to this contract: Lessor (Party A): Lessee (Party B): Pre-lessor (Party A): Pre-lease Pre-lessee (Party B): According to According to the provisions of the "Contract Law of the People's Republic of China" and the "Shanghai Housing Leasing Regulations" (hereinafter referred to as the "Regulations"), Party A and Party B, on the basis of equality, voluntariness, fairness and good faith, shall reach an agreement through consultation , this contract is concluded with respect to Party B’s leasing of ____________ (house/commercial housing) that Party A can ____________ (lease/pre-lease) in accordance with the law. 1. Situation on renting or pre-leasing houses 1-1 The house _________(rented/pre-leased) by Party A to Party B is located at _________(district/county)________ Road________(lane/new village)______(No. /Building)________ room (location)________ (hereinafter referred to as the house).

The house __________ (actual rental measurement/pre-rental prediction) has a building area of ??___________ square meters, land use of __________, and structure of ___________. The floor plan of the house is shown in Appendix (1) of this contract. Party A has presented to Party B: 1) Rental real estate certificate/house ownership certificate/_______________; [certificate number: ______________]. 2) Pre-lease and pre-sale license [License number: _______________]. 1-2 Party A, as the _______________ (real estate owner/custodian/other rights holder specified by law) of the house, establishes a lease relationship with Party B. Before signing this contract, Party A has informed Party B that the house is _____________(has/has not) been mortgaged. 1-3 The use scope, conditions and requirements of the public or shared parts of the house; the existing decoration, ancillary facilities, equipment status, and the content, standards and related matters that need to be agreed upon by Party A for Party B to decorate and add ancillary facilities by themselves, shall be determined by Party A and Party B are listed in attachments (2) and (3) of this contract respectively. Party A and Party B agree that this attachment shall serve as the acceptance basis for Party A to deliver the house to Party B and for Party B to return the house to Party A when this contract is terminated. 2. Purpose of leasing 2-1 Party B promises to Party A to rent the house as ____________ and to abide by the national and city regulations on house use and property management. 2-2 Party B guarantees that it will not change the above-mentioned usage without authorization during the lease period without obtaining the consent of Party A and the approval of relevant departments as required. 3. Delivery Date and Lease Term 3-1 Party A and Party B agree that Party A will deliver the house to Party B before _________ month _________ year _________. The lease period of the rental house shall be from _________year________month________ to _________year________month________. The specific lease period of the pre-lease shall be agreed by Party A and Party B when signing the handover letter for the use of commercial housing in accordance with this contract. 3-2 Upon expiration of the lease term, Party A has the right to take back the house, and Party B shall return it as scheduled. If Party B needs to continue to rent the house, he shall submit a written request to Party A for sub-lease _________ months before the expiration of the lease period, and sign a new lease contract with Party A's consent. 4. Rent, payment method and deadline 4-1 Party A and Party B agree that the daily rent per square meter of building area of ??the house is (___________coins)_________ yuan. The total monthly rent is (_________ currency) _________ yuan. (Capital: _________million________thousand________hundred________ten______yyuan________corner. The monthly pre-lease rent shall be calculated and determined by Party A and Party B based on the actual measured building area in the handover letter for the use of the pre-lease commercial building. The rent of the house will remain unchanged for ________(year/month). Starting from ________(year/month), both parties can negotiate to adjust the rent as agreed by Party A and Party B in the supplementary terms 4-2. Party B shall pay the rent to Party A before the ______ day of each month. If the payment is overdue, Party B shall pay a penalty of ________% of the daily rent. 4-3 Party B shall pay the rent as follows: ____________________________ _______________________________________________________ _______________________________________________________ 5. Security Deposit and Other Fees 5-1 Party A and Party B agree that when Party A delivers the house, Party B shall pay Party A a house rental deposit, which is _______ months' rent, that is, (__________ currency)__________ _ Yuan. After collecting the deposit, Party A shall issue a receipt to Party B. When the lease relationship is terminated, the remaining part of the house rental deposit collected by Party A shall be used to offset the expenses stipulated in the contract and shall be returned to Party B without interest. 5 -2 During the lease period, the water, electricity, gas, communications, equipment, property management, ________ and other expenses incurred in using the house shall be borne by ________(Party A/Party B). Other related expenses shall be borne by ________(Party A). /Party B). 5-3 The above expenses borne by ________(Party A/Party B), calculation or apportionment method, payment method and time:_______________________________________________ __________________________________________________ __________________________________________________.

6. House use requirements and maintenance responsibilities 6-1 During the lease period, if Party B discovers that the house and its ancillary facilities are damaged or faulty, Party A shall be notified in time to repair it; Party A shall carry out repairs after receiving notification from Party B. If repairs are not made within the time limit, Party B can repair them on behalf of Party A at Party A's expense. 6-2 During the lease period, Party B shall reasonably use and take good care of the house and its ancillary facilities. If the house and its ancillary facilities are damaged or malfunction due to improper or unreasonable use by Party B, Party B shall be responsible for repairs. If Party B refuses to repair, Party A can repair it on behalf of Party B at Party B's expense. 6-3 During the lease period, Party A guarantees that the house and its ancillary facilities are in normal usable and safe condition. Party A shall notify Party B ________ days in advance when inspecting and maintaining the house. Party B shall cooperate during inspection and maintenance. Party A should reduce the impact on Party B's use of the house. 6-4 In addition to Appendix (3) of this contract, if Party B needs to renovate or add additional ancillary facilities and equipment, it shall obtain the written consent of Party A in advance. / Party A entrusts Party B) to report to relevant departments for approval before proceeding. The ancillary facilities and equipment added by Party B and their maintenance responsibilities shall be separately agreed in writing between Party A and Party B. 7. The status of the house when it is returned 7-1 Unless Party A agrees to Party B's renewal of the lease, Party B shall return the house within ________ days after the expiration of the lease term of this contract. If the house is returned overdue without Party A's consent, Party B shall be liable for One day overdue, Party B shall pay the house occupation fee to Party A at the rate of ________ yuan/square meter (_______ currency). 7-2 The house returned by Party B shall be in the condition after normal use. When returning, it shall be subject to Party A's acceptance and approval, and each party shall settle the expenses that each party shall bear. 8. Sublease, transfer and exchange 8-1 Except that Party A has agreed to Party B’s sublease in the supplementary terms of this contract, Party B must obtain Party A’s prior written consent during the lease period before transferring part of the house or All sublet to others. However, the same living house cannot be divided and sublet. 8-2 If Party B sublease the house, Party B shall enter into a written sublease contract with the lessee in accordance with regulations. And register and file with the district or county real estate transaction center or farm system acceptance office where the house is located in accordance with regulations. 8-3 During the lease period, if Party B transfers the house to others for rent or exchanges the house for rent with others, Party B must obtain Party A's written consent in advance. After the transfer or exchange, the transferee or exchanger of the house leasing right shall sign a lease subject change contract with Party A and continue to perform this contract. 8-4 During the lease period, if Party A needs to sell the house, it shall notify Party B three months in advance. Party B has the right of first refusal under the same conditions. 9. Conditions for terminating this contract 9-1 Party A and Party B agree that if any of the following circumstances occurs during the lease period, this contract will be terminated and both parties will not be liable to each other: (1) The land use rights within the occupied area of ??the house shall be in accordance with the law. The house was taken back in advance; (2) The house was requisitioned in accordance with the law for the benefit of the public; (3) The house was legally included in the scope of house demolition due to urban construction needs; (4) The house was damaged, lost or destroyed The house is identified as dangerous; (5) Party A has informed Party B that the house was mortgaged before being rented out and is now being punished. (six) ________________________________________________. 9-2 Party A and Party B agree that under any of the following circumstances, one party may notify the other party in writing to terminate this contract. The party that violates the contract shall pay liquidated damages to the other party at ________ times the monthly rent; if it causes losses to both parties, and the liquidated damages paid are insufficient to cover the losses of one party, the party shall also compensate for the difference between the losses caused and the liquidated damages. : (1) Party A fails to deliver the house on time and fails to deliver it within a few days after being urged by Party B; (2) the house delivered by Party A does not comply with the provisions of this contract, resulting in the failure to realize the purpose of leasing; or the house delivered by Party A The house has defects that endanger Party B’s safety. (3) Party B changes the use of the house without Party A's consent, causing damage to the house; (4) The main structure of the house is damaged due to Party B's fault; (5) Party B sublets the house, transfers the right to lease the house, or shares the lease with others without authorization Exchange of houses rented by each other; (6) Party B’s overdue rent payment exceeds one month in total; (7) ____________________________________________. 10. Liability for breach of contract 10-1 If the house is defective when delivered, Party A shall repair it within ____ days from the date of delivery. If repairs are not made within the time limit, Party A agrees to reduce the rent and change the relevant rent terms. 10-2 Because Party A failed to inform Party B in the contract that the house was mortgaged or the transfer of property rights was restricted before it was rented, causing Party B losses, Party A shall be responsible for compensation. 10-3 During the lease period, if Party A fails to perform the repair and maintenance responsibilities stipulated in this contract in a timely manner, causing damage to the house and causing Party B's property loss or personal injury, Party A shall bear the liability for compensation. 10-4 During the lease period, if Party A terminates this contract without authorization and takes back the house early due to circumstances not specified in this contract, Party A shall pay Party B liquidated damages equal to ________ times the rent for the days of early take-back. If the liquidated damages paid are insufficient to cover Party B's losses, Party A shall also be responsible for compensation.

10-5 If Party B fails to obtain Party A’s written consent or exceeds the scope of Party A’s written consent and requires decoration of the house or the addition of ancillary facilities, Party A may require Party B to ________ (restore the house to its original condition/compensate for losses). 10-6 During the lease period, if Party B cancels the lease without permission due to circumstances not specified in this contract, Party B shall pay Party A liquidated damages equal to ________ times the rent for the days of early withdrawal. If the liquidated damages are insufficient to cover Party A's losses, Party B shall also be responsible for compensation. Party A can deduct it from the rental security deposit. If the security deposit is insufficient for deduction, Party B will pay the deficiency separately. 11. Other Terms 11-1 During the lease period, if Party A needs to mortgage the house, he shall notify Party B in writing and promise to Party B that after the house is mortgaged, the parties agree to dispose of the house by discounting or selling off the house and consult Party B in writing ________ days before purchasing. Views of the house. 11-2 This contract shall take effect ________ upon signature/signature by both parties. Within 15 days after it takes effect, Party A is responsible for registering and filing with the district, county real estate trading center or farm system acceptance office where the house is located, and obtaining the house rental registration and filing certificate as required; after this contract is registered and filed, any change or termination of this contract , ________ (Party A/Party B) will be responsible for handling the change and termination registration and filing procedures with the original registration agency within 15 days from the date of change and termination of this contract. Party A shall bear all responsibilities for any legal disputes arising from Party A's failure to register or change or terminate the housing lease registration. 11-3 For matters not covered in this contract, supplementary clauses may be entered into by Party A and Party B through consultation and consensus. The supplementary terms and attachments of this contract are an integral part of this contract. The text filled in the blanks in this contract, its supplementary terms and attachments have the same effect as the printed text. 11-4 When signing this contract, Party A and Party B clearly understand their respective rights, obligations, and responsibilities, and are willing to strictly implement them in accordance with the provisions of the contract. If one party breaches this contract, the other party shall have the right to claim compensation in accordance with the provisions of this contract. 11-5 If a dispute arises between Party A and Party B during the performance of this contract, it shall be resolved through negotiation; if the negotiation fails, both parties agree to choose the following _________ method to resolve the dispute: (1) Submit it to the ________ Arbitration Commission for arbitration; (2) File a lawsuit with the People's Court in accordance with the law. 11-6 This contract together with the attachments is made in _________ copies. Among them: Party A and Party B each hold one copy, (Shanghai City/________ District/County) Real Estate Trading Center or Farm Bureau Acceptance Office, and __________ each hold one copy, all of which are equally valid. Supplementary Terms------------------------------------------------ ----------- (Adhesive place) (Seam seal stamping place) 1. Matters related to pre-lease 1-1 Party A and Party B agree that Party A will charge Party B a one-time payment of ________(() on the effective date of this contract. currency) ________ yuan (equivalent to RMB ________ yuan) advance payment. The purpose of advance payment is ______________. 1-2 The delivery of the commercial housing pre-leased by Party A must comply with the terms listed in the following _________ plan: (1) Complete the initial real estate registration procedures and obtain the real estate certificate for the newly built commercial housing; (2) If the commodity is not residential, obtain The completion acceptance certificate has been obtained; for commercial housing, the "New Residential Delivery Permit" has been obtained. If Party A and Party B agree to choose option (2) above, the rights, obligations and risk responsibilities of both parties during the period when the house is delivered and the signing of the handover letter for use shall be clarified in this supplementary clause. 1-3 Party A and Party B agree: If Party A chooses option (1) above, Party A shall notify Party B to sign a handover letter for the use of the pre-lease commercial house within ________ days after obtaining the real estate certificate for the new commercial house, and sign the pre-lease handover letter. The pre-leased commercial house will be delivered at the same time as the handover letter is used for the commercial house. If you choose option (2) above, Party A shall obtain the real estate certificate for the newly built commercial house within ________ days after the house is delivered, and notify Party B to sign a handover letter for the use of the pre-leased commercial house. 1-4 The date when the handover letter for the use of the pre-leased commercial house is signed is the starting date of the rental of the house. 1-5 The actual construction area of ??the rental house shall be based on the actual construction area measured by the surveying and mapping agency recognized by the Shanghai Housing and Land Resources Administration after the house is completed. Party A and Party B agree that if the error between the actual measured area and the tentatively measured area exceeds ±________% (including ________%), Party B has the right to terminate this contract. 1-6 Party A and Party B agree that if any of the following circumstances occurs, one party may hold the other party liable for breach of contract. The specific liability for breach of contract shall be separately agreed upon by Party A and Party B in the supplementary terms: 1. If Party A delivers the house overdue: 2. If the house delivered by Party A does not comply with the provisions of Appendix (3) of this contract; 3. Before the house is delivered, Party A Or Party B terminates the contract without authorization; 4. _______________________________________________. 1-7 During the pre-lease period, Party B is not allowed to sublet the house, transfer the leasehold rights of the house, or exchange the leasehold rights of the house.

2. Other related matters Attachment 1 Floor plan of the house--------------------------------------------- -------------------- (Adhesive place)                                                     duct ‘Seam mark stamped place' (stamped place with seam seal) Appendix 2: Scope of use, conditions and requirements for common parts of the house------ -------------------------------------------------- --- (Adhesive place) (Seam seal stamping place) Attachment 3: Existing decoration, ancillary facilities and equipment conditions and Party A’s agreement that Party B agrees to decorate and add ancillary facilities and equipment by itself ---------- -------------------------------------------------- ( (Affixed place) (Seam seal stamping place) Lessor (Party A): Lessee (Party B): Nationality: Nationality: Legal representative: Legal representative: Registration certificate/ID card number: Registration certificate/ID card number: Address : Address: Postal code: Postal code: Telephone: Telephone: Authorized agent: Authorized agent: Signature and seal: Signature and seal: Signing date: Signing date: Signing place:??????????????????????????????????????????????????? Qualification certificate number: To sum up, this article explains the conditions of individuals in Shanghai from the aspects of renting or pre-renting the house, date and lease period, rent, payment method and deadline, security deposit and other fees, usage requirements and maintenance responsibilities. How to write a house rental contract. If you still have questions about this, you can consult a legal professional.