深圳市出租屋管理若干规定 Rules of Shenzhen Municipality on the Administration of Leasing Houses

颁布日期：20041210 　实施日期：20050101 　颁布单位：深圳市人民政府

　　Rules of Shenzhen Municipality on the Administration of Leasing Houses

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

　　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 use.

　　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 house tenancy shall be in charge of the comprehensive coordination， direction， inspection and supervision of the administration to leasing houses.

　　The municipal and district departments of public security shall be in charge of the administration of public security and fire prevention to leasing houses， and the household registration of the temporary residents in leasing houses.

　　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.

　　Article 5　In need， the district people‘s government shall organize the district administrative departments of house tenancy， 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 contract， the registration of resident’s information， 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， and the outlay of joint work shall be approved and appropriated by the district finance.

　　Article 6 The system of signing the “Promise of Taking comprehensive administration of Leasing House in Charge” and the “Promise of Birth Control” shall be carried out in the administration of leasing houses for residence.

　　Article 7　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 （for residence）， the administrative department of house tenancy shall check the “Promise of Birth Control” signed by the lessor with the department of family planning， where the leasing house locates. If the lessee is a temporary resident， he shall submit his effective identity certificate and relevant birth control certificate verified by the said department of fami

ly planning.　If there is no “Promise of Birth Control” or unverified relevant birth control certificate， the administrative department of house tenancy shall register and report the situation to the local department of family planning in time.

　　The comprehensive administrative agency of house tenancy shall accomplish the collection， statistics and feedback of residents‘ information.

　　Article 8 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 9 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 needs of market fluctuations.

　　Article 10 It is strictly prohibited to rent out any one of the following houses：

　　（1） The house that 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 certification of right.

　　（4） The houses， which are prohibited to be rented out by laws or regulations.

　　If the house listed in the preceding paragraph is rented out， the relevant competent department shall clear up and demolish it in time according to law.　If there is person living in the house， relevant governmental department， where the house locates， shall clear it up according to law. If there is an illegal lease， the administrative department of house tenancy shall confiscate the lessor‘s illegal gains according to law， and impose him a fine of not more than one time of his illegal gains.

　　Article 11 The lessor shall perform the following obligations：

　　（1） Observing relevant laws， regulations and rules；

　　（2） Equipping the leasing house for residence with basic conditions of living and safety；

　　（3） Refusing to rent out the house to any person without effective identity document or civil capacity；

　　（4） Reporting the basic conditions of lessee or other residents to the comprehensive administrative agency of house tenancy， where the house locates， on the day when they move in， submitting the information form of residents to it within 3 days， and reporting the change of resident to it in time.

　　（5） Reporting the hidden danger of public security of the leasing house upon discovery to the public security organization in time， and assisting it to investigate and prosecute；

　　（6） Reporting to the public security organization or relevant functional department in time when discovering the lessee or other resident commits illegal acts or is a criminal suspect；

　　（7） Assisting relevant governmental departments in administrating leasing houses， and going to the administrative department of house tenancy for putting on record if he entrusts others to assist.

　　Article 12 The lessee shall observe the following provisions：

　　（1） Stating the actual number of residents， presenting the effective identity certificates of his and other residents， and filling in the information form of resident according to the facts when he rents a leasing house for residence.

　　（2） Registering the alteration of resident‘s information on the day when the other residents change；

　　（3） Applying for temporary registered residence within 3 days upon moving in and applying for the certificate of temporary residence according to relevant provisions to the pubic security organization， where the leasing house locates， and refusing to accommodate any person without effective identity certificate；

　　（4） Being forbidden to arbitrarily change the use of the leasing house， and observing relevant regulations when he uses the

leasing house to carry out the operation of hotel， food and beverage， entertainment or internet bar；

　　（5） Being forbidden to use the leasing house to commit illegal or criminal acts， such 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；

　　（6） Being forbidden to use the leasing house to commit illegal acts， such as multiple level marketing or multiple level marketing in disguised way， running business without license， running a clinique without permit， undertaking medical treatment illegally or recalling renewable resource illegally；

　　（7） Being forbidden to use the leasing house to commit fraud in job introduction， marriage brokerage， training or real estate brokerage without permit；

　　（8） Being forbidden to use the leasing house for residence to produce， store or operate the combustible， explosive， poisonous， radioactive or other danger substance；

　　（9） Reporting to the public security organization in time when discovering any illegal act or criminal suspect in the leasing house；

　　（10） Assisting relevant governmental departments to administrate leasing houses.

　　Article 13 The working person of the administrative department of house tenancy has the right to examine whether the lease accords with the relevant provisions of the Regulations of Shenzhen Special Economic Zone on House Tenancy and these rules or not， and may ask the public security organization for assistance， if it is necessary.

　　The comprehensive administrative agency of house tenancy shall inform the public security organization in time，

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