Housing Tenancy In Shanghai
Two, pre lease is limited to real estate development enterprises investment and construction, and has obtained pre-sale permit commercial housing, but real estate development enterprises have pre-sale of commercial housing shall not be pre rent.
Three. The terms "lease" or "pre lease" in the terms of this contract are suggestive symbols indicating that this clause applies to rental behavior or Preleasing behavior. When the contract is used as a housing lease contract, it can only use the contents of the "rental" part; and when it is used as a pre lease contract for commercial housing, the provisions of the "pre lease related matters" in the terms and supplementary provisions of the pre lease part shall be used. Other terms which are not marked are universality clauses, whether they are pre leased or rented.
Four. The contract is used for the pre lease of commercial housing. After the completion of the commodity house and the initial registration of real estate by the real estate development enterprise and the acquisition of the real estate right, the two parties concerned should sign the handover book for commercial housing. After the effective use of the handover book, the original rent clause in the contract will be fulfilled.
Five. The text of this contract is a model text made by the Municipal Bureau of land resources and the Shanghai Municipal Administration of industry and Commerce in accordance with the Shanghai housing lease Ordinance. The terms of the contract are all suggestive clauses, which are agreed upon by the parties to the lease. The matters to be done in this contract can be concluded by consensus after the two parties have reached a consensus.
Six. Before the contract is signed, the lessor shall issue the real estate warrant or other ownership certificate to the lessee, and the real estate development enterprise shall issue a pre-sale permit to the pretenant. And submit proof of identity to each other. Where the house is leased to the floating personnel, the lessor shall also produce the "public rental permit for Housing leasing" issued by the public security department.
Seven. Within 15 days after the signing of this contract, the parties shall handle the registration and filing of the contract according to the regulations. Among them, the housing rental should be handled at the real estate transaction center or farm system acceptance Office of the place where the house is located, and the certificate of lease contract registration shall be obtained. For the pre lease of commercial housing, the export commercial housing should be registered and filed with the real estate trading center of the city; the domestic commercial housing will be registered and filed with the real estate transaction center of the place where the house is located. After the completion of the pre lease commercial housing, the real estate warrants can be obtained, and the two parties shall enter into the pre lease house for commercial use, and then register and record the real estate transaction center or the farm system acceptance Office of the place where the house is located, and prove the lease contract registration. The lease contract will be able to fight third people in real time in the event of repeated rents, tenancy, housing transfer or mortgage disposal.
Eight, where one party requests registration and the other party fails to cooperate with the other party, the party requiring registration and registration may register with the relevant documents such as this contract and valid identity certificate.
Nine, housing leasing security is a performance guarantee measures. When the house is rented, the lessor may agree with the lessee in the contract to collect the security deposit for the house leasing. The amount of rental security is stipulated by the parties to the lease. When the lease term is terminated, the rental deposit shall be returned to the lessee except for the expenses borne by the lessee in the contract.
Ten, the contract text can be purchased from the city or housing area, county real estate trading center or farm system acceptance office. Both parties should read carefully before they use the contract, and carefully understand the contents of each clause.
Eleven. This contract is a model text for the parties to refer to.
Twelve. The lease relationship of this contract is mediated by the brokerage agency or the intermediary. The leasing party shall require the brokers and brokers to sign and seal the last page of the contract.
(Contract No.:)
The parties to the contract:
The lessor (Jia Fang):
[rental]
The lessee (Party B):
Pre tenant (Jia Fang):
[pre lease]
The pretenant (b):
In accordance with the provisions of the People's Republic of China contract law and the Shanghai housing lease Ordinance (hereinafter referred to as the "Regulations"), on the basis of equality, voluntariness, fairness and honesty, Party A and Party B have entered into this Agreement on the basis of equality and mutual trust and agreement on Party B's leasing of the premises (house / commodity house) according to law.
First, rent or pre lease housing.
1-1 the premises of Party A (rental / pre lease) to Party B are located in the city (district / county) Road (lane / New Village) (number / building) room (location) (hereinafter referred to as the housing). The building is measured by [rented] / prepaid rent) and the gross floor area is square meters. The housing uses are, and the housing type is, the structure is. The plan of the house is shown in the appendix to this contract.
(1).
Party A has presented to Party B:
1) [rental] real estate warrants / housing warrants / certificates; [Certificate No.:].
2) pre-sale permit.
1-2 Party A shall establish a rental relationship with Party B as Party A (real estate owner / escrow / other obligee). Before signing this contract, Party A has informed Party B that the house has (or / has not) set up a mortgage.
1-3 the scope and conditions for the use of the public or joint parts of the building; the existing decoration, subsidiary facilities, equipment status, and the contents, standards and relevant matters that Party A agrees to decorate and add additional facilities to Party B shall be specified in the same Annex (two) and (three) by Party A and B respectively. Party A and Party B agree that the annex shall be the basis for acceptance of Party B's return to the premises when Party A delivers the premises to Party B and terminates this contract.
Two, lease purposes
2-1 Party B is committed to Party A to lease the building as a use and comply with the provisions of the state and the city on housing usage and property management.
2-2 Party B guarantees that the use of the agreed terms shall not be changed without prior approval from Party A and the approval of the relevant departments within the lease term.
Three. Delivery date and tenancy period
3-1 Party A and Party B agree that Party A will deliver the premises to Party B by the end of the year. The rental period is from January to the end of the year. The term of the house rent is from the date of the handover of the pre tenancy commercial house to the date of the end of the year.
3-2 when the lease expires, Party A has the right to reclaim the premises and Party B shall return it as scheduled. If Party B continues to lease the premises, it shall submit a written request for renewal to Party A within a month before the expiration of the lease term, and re sign the lease agreement after the consent of Party A.
Four. Rent, payment and duration.
4-1 Party A and B agree that the daily rent per square metre of the building is (RMB) yuan. The total monthly rental fee is (RMB) yuan. (Capital: 000, 000, 100, ten, yuan, Jiao). The monthly rent is determined by the calculation area of the measured area of the building in the pre paid rental housing. The rent of the house remains unchanged. From the year (month / month), the two sides can negotiate the rent adjustment. The adjustment is stipulated by the two parties in the Supplementary Clauses.
4-2 Party B shall pay the rent to Party A by the end of each month. If the overdue payment is paid for one day overdue, Party B shall pay liquidated damages at% per day.
4-3 Party B pays the rent as follows:
Five. Margin and other charges
5-1 Party A and Party B agree that when Party A delivers the house, Party B shall pay to Party A the deposit for the lease of the house, and the deposit shall be rent for the month, that is, (RMB).
After receiving the deposit, Party A shall issue a collection voucher to Party B.
When the lease term is terminated, the rental bond secured by Party A shall be returned to Party B without interest in addition to the expenses borne by Party B.
5-2 during the lease term, the expenses of water, electricity, gas, communications, equipment, property management, and so on shall be borne by Party A / Party B.
5-3 (Party A / b) shall bear the above expenses, calculation or apportionment, payment method and time:
Six, housing requirements and maintenance responsibilities
6-1 during the tenancy period, Party B shall notify Party A to repair the damaged premises or its ancillary facilities in time, and Party A shall receive Party B's maintenance on behalf of Party A.
6-2 during the lease term, Party B shall reasonably use and cherish the building and its ancillary facilities. Party B shall be responsible for repairing the damaged building and its ancillary facilities due to improper or unreasonable use of the premises. If Party B refuses to repair, Party A may repair it on behalf of Party B.
6-3 during the tenancy period, Party A guarantees that the house and its subsidiary facilities are in a normal state of use and safety. Party A shall notify Party B in advance of the inspection and maintenance of the building. Party B shall cooperate in the inspection and maintenance. Party A shall reduce the effect on Party B's use of the premises.
6-4 in addition to the annex (three) of this contract, Party B needs to decorate or add additional facilities and equipment, and shall first obtain the written consent of Party A before it is required to be approved by the relevant departments. The subsidiary facilities and equipment belonging to Party B and its maintenance responsibilities shall be agreed separately by Party A and Party B.
Seven, the state of housing restitution
7-1 in addition to Party A's consent to Party B's renewal, Party B shall return the house within days after the expiration of the lease term of this contract. If the party fails to return the premises overdue without the consent of Party A, Party B shall pay the cost of the occupied period to Party A at the rate of one yuan per square meter per day.
7-2 Party B shall return to the premises after the normal joint use. When returned, it should be approved by a, and should be responsible for each other's expenses.
Eight. Sublease, transfer and exchange
8-1 unless Party A has agreed to Party B's sublease in the supplementary provisions of this contract, Party B shall, subject to the prior written consent of Party A in the lease term, sublease part or all of the house to others. But the same residential housing shall not be subdivided into sublets.
8-2 if Party B sublets the house, it shall make a written sublease agreement with the receiving party according to the regulations. And according to the provisions of the housing area, county real estate trading center or farm system acceptance office for registration.
8-3 during the tenancy period, Party B will transfer the premises to other people's rents or to exchange the houses with others, so that Party A's written consent must be saved in advance. After the transfer or exchange, the transferee or the swapping Party of the house tenancy shall sign the lease subject alteration contract with Party A and continue to perform this contract. 8-4 during the tenancy period, Party A shall notify Party B three months in advance if it is necessary to sell the building. Party B has the right of preemption under the same conditions.
Nine. Conditions for rescission of this contract.
9-1 Party A and Party B agree that the contract shall be terminated during the term of lease.
(1) the right to the use of land within the occupied area of the house shall be recovered in advance according to law;
(two) the house is expropriated according to law for public interests or urban construction needs.
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