城市房屋租赁管理办法 Administration of the Leasing of Urban Premises Procedures

bodily harm to the lessee， the lessor shall be liable for compensation.

　　Where premises are leased for production and/or business activities， the repair liability shall be agreed upon by the parties in the lease contract.

　　Article 22　The lessee must pay the rent on schedule and shall pay liquidated damages in case of default.

　　Article 23　The lessee shall take good care of the leased premises and use the premises and ancillary facilities in a reasonable way. The lessee may not demolish， renovate or expand the premises， or add attachment to the premises without authorization. If changes are truly necessary， the lessor's consent must be obtained and a written contract signed.

　　If the premises are damaged as a result of the fault of the lessee， the lessee shall be liable for repairs or compensation.

　　Article 24　If any of the following acts is committed by the lessee， the lessor shall have the right to terminate the contract and recover the premises and， if loss is caused as a result thereof， the lessee shall make compensation therefor：

　　1. the leased premises are subleased without authorization；

　　2. the leased premises are assigned or lent to others without authorization， or are switched without authorization；

　　3. the structure of the leased premises is demolished or altered， or the purpose of the leased premises is altered without authorization；

　　4. being in arrears with rent payment for more than an accumulative total of six months；

　　5. public housing is left unused for more than six months without a legitimate reason；

　　6. the leased premises are used for illegal activities；

　　7. the leased premises are willfully damaged； or

　　8. other acts for which laws and regulations permit recovery of premises.

　　Article 25　If premises erected on State-owned land the leaseholds of which were obtained by means of allocation are leased out by its owner for profit making purposes， the owner shall turn over to the State the portion of rent which is the land proceeds. The method for turning over land proceeds shall be in accordance with the Ministr

y of Finance's Administration of the Collection of Revenue from Using State-owned Land Leaseholds for Consideration Tentative Procedures and the Several Financial Questions Concerning the Revenue from Using State-owned Land Leaseholds for Consideration Tentative Provisions and shall be collected and turned over on behalf of the authorities by the Real Property Administration Department of the People's Government of the centrally-governed municipality， municipality or county. When the State Council promulgates new regulations， such regulations shall be followed.

　　PART FIVE　SUBLEASING

　　Article 26　The term “subleasing of premises” shall refer to the act whereby the lessee of premises leases out the leased premises again.

　　Article 27　The lessee may sublease all or part of the leased premises to others during a lease term， subject to the consent of the lessor.

　　The lessor may derive proceedings from subleasing.

　　Article 28　Where premises are subleased， a sublease contract shall be concluded. The sublease contract shall be subject to the written consent of the original lessor and must be registered and filed in accordance with the provisions hereof.

　　Article 29　The date of termination of the sublease contract may not be after the date of termination provided for in the original lease contract， unless the lessor and the parties to the subleasing agree otherwise upon consultations.

　　Article 30　After the sublease contract has become effective， the sublessor shall have the rights and obligations of the lessor provided for in the sublease contract and shall perform the lessee's obligations provided for in the original lease contract， unless the lessor and the parties to the subleasing agree otherwise.

　　Article 31　If the original lease contract is altered， rescinded or terminated during the sublease period， the sublease contract shall be altered， rescinded or terminated accordingly.

　　PART SIX　LEGAL LIABILITY

　　Article 32　The Real Property Administration Department of the People's Government of the centrally-governed municipality， municipality or county shall impose administrative punishment on those responsible if any of the following acts is committed in violation of these Procedures：

　　1. if anyone forges or alters a Premises Lease Certificate， his certificate shall be revoked and additionally a fine may be imposed；

　　2. if anyone fails to apply for and obtain a Premises Lease Certificate on time， he shall be ordered to carry out the procedures therefor within a time limit and additionally a fine may be imposed； or

　　3. if anyone subleases premises without obtaining the consent of the lessor and without carrying out registration and filing procedures， the leasing shall be void and the illegal income shall be confiscated and additionally a fine may be imposed.

　　Article 33　If a violation of these Procedures is serious and constitutes a criminal offense， the judicial authorities shall pursue criminal liability according to law.

　　Article 34　If personnel of the administration of the leasing of premises practise favourism， or engage in malpractice or corruption， the authorities to which they belong shall impose administrative sanctions. If the act is serious and constitutes a criminal offense， the judicial authorities shall pursue criminal liability according to law.

　　PART SEVEN　SUPPLEMENTARY

　　Article 35　Leasing of premises in industrial areas， mining areas， State-owned farms， forests， etc. where the organizational system of a town has not been set up shall be handled with reference to these Procedures.

　　Article 36　The administrative departments of provinces and autonomous regions in charge of construction and the Real Property Administration Departments of People's Governments of centrally-governed municipalities may formulate implementing rules on the basis of these Procedures.

>　　Article 37　The Ministry of Construction shall be responsible for the interpretation of these Procedures.

　　Article 38　These Procedures shall be effective as of 1 June 1995

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