Rules of Shenzhen Municipality on the Administration of Leasing Houses

From: Shenzhen Municipal Legislative Affairs Office | Updated: 2018-11-27

Archived(May 28, 2018)

(Promulgated by Decree No.63 of Shenzhen Municipal People’s Government on August 6, 1997, as revised firstly by Decree No.118 of Shenzhen Municipal People’s Government on July 23, 2002, revised secondly by Decree No.139 of Shenzhen Municipal People’s Government on December 10, 2004,and revised thirdly by Decree No.170 of Shenzhen Municipal People’s Government on March 23, 2007)

Article 1 In order to strengthen the administration of leasing houses in Shenzhen Municipality (hereinafter referred to as the municipality), safeguard the healthy development of the market of house tenancy and maintain the public order of society, these Rules are formulated according to relevant laws and regulations.

Article 2 The leasing houses mentioned in these Rules include the leasing houses for residence, industry, commerce or other uses.

Article 3 The administrative departments of house tenancy of the municipal and district people’s governments are the administrative competent departments of house tenancy. The administrative department of house tenancy of the municipal government shall carry out uniform administration to the market of house tenancy according to law.

The municipal and district comprehensive administrative agencies of the floating population and leasing houses (hereinafter referred to as the administrative agency of leasing houses) shall be in charge of the comprehensive coordination, direction, inspection and supervision of the administration to leasing houses, be in charge of the information collection of floating population, and shall assist relevant departments with administration services relating to the Residence Permit in Shenzhen Municipality and the Temporary Residence Permit in Shenzhen Municipality (hereinafter referred to as residence permit) and other related work.

The municipal and district departments of public security shall be in charge of the administration of public security and fire prevention to leasing houses, the household of the floating population, and direct the collection of information of the floating population.

The municipal and district departments of tax, industry and commerce, family planning,culture, health, quality and technology supervision, production safety supervision and administration, and city appearance shall carry out the administration of leasing houses within their respective powers and duties.

Article 4 The people’s governments at all levels shall strengthen the leadership and coordination to the administration of leasing houses and floating population, establish and perfect the administrative agencies, improve the administrative systems, and incorporate the administration of leasing houses and floating population into annual assessment.

Sub-district offices and community stations shall strengthen the administration of leasing houses and floating population, and assist the administrative department of house tenancy and the administrative agency of leasing houses in administration.

Article 5 The district people’s government shall, under its actual needs, organize the district administrative department of house tenancy, administrative agency of leasing houses, public security, family planning, tax and other functional departments jointly to carry out centralized settlement of the registration or putting on record of house-leasing contracts, the information collection of floating population, the registration of residence, the acceptance and issuance of residence permit, the registration of household, the administration of birth control and the collection of tax and fee.

Measures in detail for the joint work shall be enacted by the district people’s government, while the outlay of joint work shall be approved and appropriated by district finance.

Article 6 The system of signing the Promising Letter of Taking Comprehensive Administration of Leasing House and the Promising Letter of Birth Control shall be carried out in the administration of leasing houses for residence.

The owner or manager of residence leasing house shall sign the Promising Letter of Taking Comprehensive Administration of Leasing House with the administrative agency of leasing houses and public security organ, and the Promising Letter of Birth Control with the department of family planning.

The manager mentioned in the preceding paragraph refers to the organization or person entrusted by the owner in leasing or managing the leasing houses.

Article 7 It is prohibited to rent out any one of the following houses:

(1) The house which is determined as dangerous for use by relevant competent department;

(2) The house which is involved in a promulgated demolition announcement;

(3) The house without any certificate of ownership or another certificate proving the ownership as stipulated by the municipal government;

(4) The house with major fire-prevention or safety hazards confirmed by relevant competent department;

(5) The houses, which are prohibited to be rented out according to the provisions of laws, regulations or rules, or the provisions made by the municipal government.

With respect to the houses listed in the preceding paragraphs, the relevant competent department shall make a written notice to the administrative department of house tenancy for registering the houses in detailed lists uniformly. As for the houses determined as dangerous for use or involved in a promulgated demolition announcement, the relevant competent department of the government shall clear up and remove them in time according to law. If there is any person living in a house mentioned above, the relevant governmental department of the place where the house locates shall clear up the house according to law with the assistance by the sub-district office and community station.

Article 8 The system of Coding Card for managing leasing houses (hereinafter referred to as the coding card) shall be carried out in the administration of leasing houses.

Coding cards shall be uniformly made and numbered by the administrative department of house tenancy of the municipal government, and shall indicate the following contents:

1. Name, address, effective identity certificate, contact of the owner or manager;

2. Location, area, stores, type, number of rooms and serial number of the leasing house.

Article 9 The administrative department of house tenancy shall issue a coding card to the owner or manager when knowing the situation of the leasing house; while the owner or manager of a leasing house may declare the house information to the administrative department of house tenancy and then receives a coding card.

Any house may receive a coding card except for those prohibited to be rent out.

No fees shall be collected for making or issuing coding cards.

The administrative department of house tenancy shall directly urge the owner or manager to claim the coding card through the administrative agency of leasing house, sub-district office and community station, and shall provide convenience for the claimer, if it knows nothing about the leasing house.

Article 10 Centralized leasing of houses for residence shall be encouraged.

Governments at district level, sub-district offices and community stations shall strengthen and attach importance to the construction and administration of centralized leasing, establish its marketing platform progressively, as well as guide, assist and coordinate it. The administrative department of house tenancy shall supervise, direct centralized leasing, and build information sharing platform.

Those who are involved in centralized rent shall publicize the information of house tenancy, and shall provide supporting services such as signing, registration or putting on record of the contract, at the place where the centralized renting is carried out.

Article 11 The administrative department of house tenancy shall provide a uniform model contract which is available on the internet in house tenancy for residence house leasing.

Article 12 The lease term of a house leased for residence generally shall not be less than 3 months, except that the Administrative Measures of Shenzhen Municipality on the Resident Permit provides otherwise.

The per capita usable area of living room of dormitory-leasing-house for residence shall not be less than 3 square meters; non- dormitory-leasing-house for residence shall not be less than 6 squares meters.

Article 13 The parties of house-leasing shall apply for the registration or putting on record of lease contract within 10 days upon its conclusion to the administrative department of house tenancy. In case the lease contract is altered or cancelled, relevant parties shall submit relevant certificates to the administrative department of house tenancy within 10 days upon the alteration or cancellation, and conduct relevant formalities of registration or putting on record.

When conducting the registration or putting on record of lease contract, the owner or manager of the leasing house shall submit the coding card, Promising Letter of Birth Control and Promising Letter of Taking Comprehensive Administration of Leasing House in Charge. The house safety test report certified by qualified agency shall be submitted additionally when the leasing house is for industry and commerce use and its function, structure is to be altered. The long-term lessee without registered permanent residence in Shenzhen Municipality and under the age of 60 shall submit the Certificate of Residence Permit in Shenzhen Municipality and birth control related certificates checked by the family planning department where the leasing house locates.

Under the circumstance that the owner or manager of the leasing house for residence does not apply for the coding card, a coding card shall be made and issued to him if it is in conformity with the provisions of these Rules upon verification; registration or putting on record of the lease contract shall not be allowed if it is not in conformity with the provisions of these Rules upon verification; registration or putting on record of the lease contract shall be suspended and meanwhile the circumstance shall be handled in accordance with these Rules within 7 working days after information checked, if it is impossible to verify the situation on spot. In the case that the owner or manager does not sign the Promising Letter of Taking Comprehensive Administration of Leasing House in Charge and lacks the qualified birth control related certificates, the administrative department of house tenancy shall register the situation and report it to the local department of family planning in time.

The administrative agency of leasing houses shall accomplish the collection, statistics and feedback of floating population’s information, and assist relevant competent departments of public security organ and family planning department in collecting information.

Article 14 After the administrative department of house tenancy examines the leasing contract according to law, it shall issue the documentation of registration or putting on record of house-leasing, which is an effective certificate for relevant department to conduct related formalities.

Article 15 The municipal administrative department of house tenancy shall publicize the guiding rental of house tenancy once a year, and may publicize the guiding rental once half a year according to the demands of market fluctuations.

Article 16 The lesser or manager of a leasing house shall perform the following obligations:

1. To observe relevant laws, regulations and rules; collaborate with the administrative department of house tenancy, the administrative agency of leasing houses on administration; announce such conditions as coding card, registration or putting on record of the lease contract, residence registration of dweller, residence permit handling at obvious places of the leasing house.

2. To ensure that the electricity supply, gas and fire prevention facilities meet safety requirements, inform the lessee of safety common senses as using electricity, gas safely.

3. To keep the access way unblocked;

4. To urge the dweller to conduct residence registration to apply for residence permit, and refuse to rent out house in long-term manner to any person without the Certificate of Residence Permit in Shenzhen Municipality, without the registered permanent residence in Shenzhen Municipality, and is under the age of 60, if the leasing house is for residence;

5. To report the basic conditions of lessee and other dwellers to the administrative agency of leasing houses where the house locates on the day they move in, submit the information form of dwellers to the agency within 3 working days, and file an application with the administrative agency of leasing houses for modification within 3 working days when the dwellers change, if the leasing house is for residence.

6. To report the hidden danger to the public security organ in time, and assist it to investigate and prosecute;

7. To report to the public security organ or relevant functional departments in time when finding that the lessee or other resident commits is suspected to commit an illegal act or crime;

8. To assist relevant governmental departments in administrating leasing houses, and go to the administrative department of house tenancy for putting on record if he entrusts others to assist.

9. To pay house tenancy related taxes and fees according to law.

Article 17 The lessee shall observe the following provisions:

1. To state the actual number of dwellers, present the effective identity certificates of his and other dwellers, and fill in the information form of dwellers according to facts, and file an application for modification of the information form of dwellers within 3 working days if other dwellers change, when renting house for residence,;

2. To refuse the lodging for any person without an effective identity certificate, or the person who ought but fail to handle residence registration or ought but fail to apply for residence permit, if the leasing house is for residence; and to handle the residence registration in the public security organ where the leasing house locates within 7 days when moving in if the lease term is short.

3. Not to arbitrarily change the use of the leasing house, and to observe relevant provisions when using the leasing house to carry out such operating activities as running hotel, food and beverage, entertainment or internet bar;

4. Not to use the leasing house to commit such illegal or criminal acts as gambling, taking or trafficking in drugs, being prostitute or visiting prostitute, producing and selling obscene article, forging certificate, printing illegal publication, manufacturing or selling fake and interior commodity, harboring criminal, concealing or disposing plunder, as is prohibited;

5. Not to use the leasing house to commit such illegal acts as multiple level marketing or multiple level marketing in disguised way, running business without license, running a clinic without permit, undertaking medical treatment illegally or recalling renewable resource illegally, as is prohibited;

6. Not to use the leasing house to commit such fraud acts as in job introduction, marriage brokerage, training and real estate brokerage without permit, as is prohibited;

7. Not to use the leasing house for residence to produce, store or operate the combustible, explosive, poisonous, radioactive or other danger substances, as is prohibited;

8. To report to the public security organ in time when discovering any illegal act or criminal suspect in the leasing house; eliminate or notify the owner or manager to deal with the fire prevention, safety hazards in time upon discovering.

9. To assist relevant governmental departments to administrate leasing houses.

Article 18 The administrative department of house tenancy shall strengthen dynamic management, collaborate with sub-district offices and community stations on floating population, timely check the situation of population mobility in leasing houses, examine whether the leasing-renting acts are in compliance with laws, regulations or relevant provisions of rules, investigate and prosecute illegal acts according to law, and may submit it to public security organ for assistance if necessary.

The administrative agency of leasing houses shall urge the lessee to go through formalities and inform the public security organ in time, if it finds out in comprehensive administration that the lessee fails to handle residence registration or apply for residence permit; shall inform the public security organ in time, if the leasing house is used to commit an illegal or criminal activity; shall inform the administrative department of industry and commerce in time, if it finds out any operation without license; shall inform the administrative department of public security and fire prevention and production safety administration in time, if the regulations on public security, fire prevention or production safety administration are violated; shall inform the administrative department of family planning if the administrative regulations on birth control are violated; shall inform the administrative department of industry and commerce or the administrative department of quality and technology supervision in time, if there is the production or sale of fake or inferior commodity; and shall inform relevant departments for handling, if it finds other illegal acts committed in the leasing house.

Article 19 Relevant functional departments shall seriously investigate into and deal with the situation reported by the administrative agency of leasing houses, and timely feed back the result to the agency. If the person mainly in charge, person directly in charge and person involved fail to do so, they shall be held for administrative accountability according to the Administrative Measures of Shenzhen Municipality on Administrative Negligent Accountability Investigation.

Article 20 The public security organ shall strengthen the administration to the public security and fire prevention of leasing houses, investigate the criminal and public security cases in time, supervise the lesser and lessee putting the responsibility system of fire prevention and safety system of fire prevention into effect.

If the public security organ finds out that the lease contract is not registered or put on record, it shall inform the administrative department of house tenancy in time. If the public security organ finds out that the administrative regulations of birth control are violated, it shall inform the administrative department of family planning in time.

Article 21 While conducting industrial and commercial registration, the administrative department of industry and commerce shall require the industrial and commercial enterprise, individual businessman, partnership or other economic organization to provide the lease contract registered or put on record by the administrative department of house tenancy, if it uses the leasing houses as business place.

If the lease contract is not registered or put on record by the administrative department of house tenancy, the administrative department of industry and commerce shall inform the administrative department of house tenancy, and refuse to conduct the industrial and commercial registration or annual examination.

Article 22 If the oblige of house contracts the house to another person for operation or puts the house in operation in the name of cooperation or partnership without directly participating in the operation and gains without bearing relevant operating risks, or provides the house to persons other than lineal relatives without charging the rent, the house shall be administrated according to the Regulations of Shenzhen Special Economic Zone on House Tenancy and these Rules.

Article 23 If the leasing house for industry and commerce has dormitory for staff, the leased out dormitory shall be under administration as leasing house for residence, and the lessee shall go through relevant formalities.

Article 24 If the house owner leases the house, he shall apply for tax registration to the local tax organ where the house locates.

The house’s lesser shall declare tax payment to the local department of tax within 10 days upon the conclusion of lease contract with the lessee.

When the administrative department of house tenancy is entrusted by the department of tax to collect relevant taxes of house tenancy, it shall inform the department of tax in time upon discovering any tax evasion or revolt.

Article 25 The department of family planning shall investigate and punish lessee’s malfeasance of violating the regulations on birth control.

Article 26 The property management company, cooperative equity enterprise and urban residents’ committee shall assist relevant governmental departments to administrate leasing house and floating population.

The reality management company shall register the basic information of the owner or manager of the leasing house, and inform the administrative agency of leasing house monthly. If the lessee or other dwellers have moved into the house, the reality management company shall submit the basic information thereof within 3 working days after they move in.

Article 27 The real estate intermediaries engaged in the business of housing lease shall submit relevant documents to the administrative department of house tenancy for the record, after which the administrative department of house tenancy shall issue documentation of the record.

The administrative department of house tenancy shall strengthen training and cultivation for the personnel engaged in the business of housing lease intermediaries, and shall develop a list of the real estate intermediaries and its staff.

Article 28 While conducting the annual verification of the real estate intermediaries, the administrative department of industry and commerce, or State-owned land and real estate shall solicit the opinion of the administrative department of house tenancy.

The administrative department of house tenancy may offer handling suggestions to relevant competent department when discovering an illegal act committed by a real estate intermediary.

Article 29 When the business of housing lease intermediary is completed, the real estate intermediary shall submit relevant documents to the administrative department of house tenancy within 3 working days upon the conclusion of the lease contract.

When there is centralized lease or the real estate intermediary is entrusted to handle registration or putting on record of the lease contract, it shall take the lesser’s responsibilities and duties, declare information of both parties of the lease and related dwellers, go through the formalities under the provisions of the Regulations of Shenzhen Special Economic Zone on Lease of Houses and these Rules.

The real estate intermediary organization shall operate according to law, not sidestep or assist any party of tenancy to sidestep administration, not intentionally conceal any important fact concerning the conclusion of contract or provide false information to impair the interests of the parties of tenancy, not publicize false information or cheat or trap the parties of tenancy by other means, not enforce the parties to rent house, and not introduce long-term rental for any person without the Certificate of Residence Permit in Shenzhen Municipality.

Article 30 The administrative department of house tenancy shall strengthen the information system building of leasing houses and floating population with the support of relevant competent departments, in the purpose of offering online declaration service to the owner or manager of the leasing house, the lessee, the property management companies, and the real estate intermediaries so that the handling of house information declaration, the receiving of coding card, the fill of information form of dwellers, the submitting of lease contract and the informing of related situations can all be done through the internet gradually.

Article 31 The administrative department of house tenancy may authorize the civilized and law-abiding units and individuals to enjoy reasonable reduction or exemption of administration fees of house tenancy, and shall reward the individuals who actively report leasing violations of laws and regulations appropriately upon verification.

Measures in detail for reduction, exemption and reward shall be enacted by the administrative department of house tenancy of municipal government and approved by the municipal government and go into effect thereafter.

Article 32 The owner or manager of the leasing house, who violates the provisions of these rules, shall be punished according to the following provisions:

1. Anyone who commits illegal leasing in violation of the provisions of Paragraph 1 of Article 7 shall be imposed a fine of two times of the illegal gains by the administrative department of house tenancy;

2. Anyone whose provided per capita usable area of living room of dormitory-leasing house for residence is less than 3 square meters and non-dormitory-leasing house for residence less than 6 square meters and violates the provisions of Paragraph 2 of Article 12, shall be subject to a fine of 200 Yuan per capita imposed by the administrative department of house tenancy according to the number of actual excessive dwellers.

3. Anyone who fails to handle the registration or putting on record of the lease contract and violates the provisions of Paragraph 1 of Article 13 shall be ordered to rectify by the administrative department of house tenancy, recover the administration fee of house tenancy and overdue fee, and be imposed a one-off fine of twenty percent of the total rental the contract period.

4. Anyone who fails to announce relevant conditions at obvious places or conducts insufficient or false announcement and violates the provisions Item 1 of Article 16 shall be ordered to rectify within a time limit by the administrative department of house tenancy may, and be imposed a fine of 1,000 Yuan if he refuses to rectify within the time limit.

5. Anyone who fails to inform, urge the dwellers to timely handle residence registration, apply for residence permit and leases house in a long-term manner to persons without the Certificate of Residence Permit in Shenzhen Municipality, without the registered permanent residence in Shenzhen Municipality, and is under the age of 60, in violation of the provisions of Item 4 of Article 16 shall be punished by the public security organ according to relevant provisions of the administrative measures of Shenzhen Municipality on residence permit for trial;

6. Anyone who fails to report, submit the information form of the dwellers, and apply for medication, and violates the provisions of Item 5 of Article 16, shall be imposed a fine of 200 Yuan per capita based on the actual number of dwellers by the administrative department of house tenancy, and shall be transferred to the judicial organ for investigation if the illegal act in the leasing house is suspected to be a crime;

7. Anyone who fails to report to the public security when finding that the lessee and other dwellers commits illegal acts or is a criminal suspect, and violates the provisions of Item 7 of Article 16, shall be punished by the public security organ according to law.

8. Anyone who refuses to pay the administration fee of house tenancy and violates the provisions of Item 9 of Article 16 shall be ordered to pay the administration fee within a time limit and overdue fine by the administrative department of house tenancy.

Article 33 Any lessee, who violates the provisions of these Rules, shall be punished according to the following provisions:

1. If a lessee violates the provisions of Paragraph 2 of Article 12 and is liable for result of the per capita usable area of living room of dormitory-leasing house for residence less than 3 square meters and non-dormitory-leasing house for residence less than 6 square meters, he shall be subject to a fine of 200 Yuan per capita according to the number of actual excessive dwellers by the administrative department of house tenancy;

2. If a lessee violates the provisions of Item 1 of Article 17 and fails to fill in the information according to facts or change information in time, the administrative department of house tenancy may impose him a fine of 200 Yuan per capita based on the actual number of dwellers;

3. If a lessee violates the provisions of Item 2 of Article 17 and fails to handle residence registration in time, or provides lodging for a person who ought but fail to handle residence registration or ought but fail to apply for residence permit, the public security organ shall deal with it under relevant provisions of the Administrative Measures of Shenzhen Municipality on Residence Permit for Trial;

4. If a lessee violates the provision of Item 4 of Article 17, the public security organ shall punish him according to law; moreover, he shall be investigated for criminal responsibility if there is a crime suspected;

5. If a lessee violates the provisions of Item 3,5,6 or 7 of Article 17, relevant governmental department shall punish him according to law; moreover, he shall be investigated for criminal responsibility if there is a crime suspected;

6. If a lessee violates the provisions of Item 8 of Article 17 and fails to report in time when discovering the illegal acts or criminal suspects, or fails to actively take measures when noticing fire prevention hazards, the public security organ shall punish him according to law; moreover, he shall be investigated for criminal responsibility if there is a crime suspected.

Article 34 If the owner, manager or lessee of a leasing house refuses, evades or resists the legal inspection or administration conducted by the administrative department of house tenancy, department of public security or department of tax, relevant administrative department shall adopt necessary compulsory measures and apply to the people’s court for coercive execution according to law. The department of public security may punish the party concerned for violation of public security according to law. If the circumstance is serious and the act of the party concerned constitutes the crime of disrupting public service or another crime, he shall be investigated for criminal responsibility.

Article 35 If the staff of state organ, and the personnel engaged in official business of state-owned company, enterprise or public institution, leases a house but fails to go through relevant formalities of house tenancy administration, he shall be given an administrative disciplinary sanction by the supervisory department.

Article 36 Any property management company, cooperative equity enterprise or other economic organization, which intentionally obstructs or hinders the comprehensive administration of leasing houses and floating population, shall be punished by relevant departments according to relevant regulations.

If a property management company violates the provisions of Paragraph 2 of Article 26, the administrative of house tenancy may impose it a fine of 200 Yuan per household.

Article 37 If a real estate intermediary violates the provisions of Paragraph 1 or 2 of Article 29 of these Rules, the administrative department may order it to rectify, and impose it a fine of 2000 Yuan per transaction. If a real estate intermediary violates the provisions of Paragraph 3 of Article 29, the administrative department shall order it to rectify, and impose it a fine of 5000 Yuan.

Article 38 When relevant governmental department collects a fine, it shall issue the fine receipt uniformly printed by the department of finance.

Article 39 If a party is not satisfied with the penalty decision made by relevant governmental department, he may apply for administrative review or file an administrative lawsuit to the people’s court according to law. If the party fails to apply for administrative review or file a administrative lawsuit, and refuses to implement the penalty decision, the department making the penalty decision shall apply to the people’s court for coercive enforcement according to law.

Article 40 The working staff of the administrative department of house tenancy, department of public security or tax, who fails to perform his administrative function and duty positively or assist other administrative department to carry out administration according to the provisions of these Rules, shall be given administrative disciplinary sanction by the unit for which he works. If his act is suspected to constitute a crime, he shall be investigated for criminal responsibility.

Article 41 These Rules shall go into effect as of the date of promulgation.

(Note: The text above is a translation of the Chinese version for reference only. In case of any discrepancy between the two versions, the original published Chinese version shall prevail.)

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