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

if it finds out in comprehensive administration that the lessee fails to apply for household registration， or uses the leasing house to commit 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 14 When the public security organization conducts household registration or issues certificate of temporary residence， it shall require the applicant to provide legal and effective certification of residence. If the applicant uses leasing house as his residence， he shall provide the lease contract registered by the district administrative department of house tenancy.

　　The public security organization 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 lessor and lessee to put the responsibility system of fire prevention and safety system of fire prevention into effect.

　　If the public security organization 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 organization finds out that the administrative regulations of birth control are violated， it shall inform the administrative department of family planning in time.

　　Article 15　While conducting industrial and commercial registration， the admi

nistrative department of industry and commerce shall require the industrial and commercial enterprise， individual businessman， partnership or other economic organization to provide the lease contract， which is 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 16 If the obligee of house contracts the house to other person for operation or put the house in operation in the name of cooperation or partnership while not directly participates in operation， the house shall be administrated according to the Regulations of Shenzhen Special Economic Zone on House Tenancy and these rules.

　　The following acts of lease in disguised way shall be administrated as lease according to the Regulations of Shenzhen Special Economic Zone on House Tenancy and these rules：

　　1. The house‘s obligee contracts the house to other person for operation；

　　2. The house‘s obligee obtains profits in the name of cooperation or joint adventure， while neither participating in operation directly nor undertaking operation risks；

　　3. The house‘s obligee provides the house to person， other than linear relatives for free use.

　　Article 17 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 18 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 lessor 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， if it finds out the tax evasion or revolt.

　　Article 19　The department of family planning shall investigate and deal with lessee‘s malfeasance of violating the regulations on birth control.

　　The reality management company， cooperative equity enterprise and urban residents‘ committee shall assist relevant governmental departments to administer leasing house.

　　If the real estate intermediary organization is entrusted to go through the formalities of registration or putting on record of house-leasing contract， it shall undertake the lessor‘s duties and perform his obligations， and go through the formalities according to relevant 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 the parties of tenancy to sidestep administration， not intentionally conceal important facts 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， and not enforce the parties to rent house.

　　Article 32 Any lessor， who violates these rules， shall be punished according to the following provisions：

　　（1） The lessor shall be ordered to rectify， be imposed a fine of twenty percent of the total rental in the tenancy period， and be demanded to pay the administration fee of house tenancy and overdue fee by the administrative department of house tenancy， if he violates the provisions of the first paragraph of Article 7.

　　（2） The lessor shall be imposed a fine

of 200 yuan by the public security organization， if he violates the provisions of the third item of Article 11.

　　（3） The lessor shall be imposed a fine of one time of the monthly rental by the administrative department of house tenancy， if he violates the provisions of the fourth item of Article 11， failing to report the basic conditions of residents in time or submit the information form of residents in time. Any one， whose illegal act in leasing house constitutes a crime， shall be investigated for criminal responsibilities according to law.

　　Article 23 Any lessee， who violates the provisions of these rules， shall be punished according to the following provisions：

　　（1） The lessee shall be imposed a fine of one time of the monthly rental by the administrative department of house tenancy， if he violates the provisions of the first or second item of Article 12， failing to filing in the information according to the facts or alter the information in time. Any one， whose illegal act in leasing house constitutes a crime， shall be investigated for criminal responsibilities according to law.

　　（2） The lessee shall be dealt with by the public security organization according to relevant provisions， if he violates the provisions of the third item of Article 12.

　　（3） The lessee shall be punished by relevant governmental department according to law， if he violates the provisions of the fourth， fifth， sixth， seventh or eighth item of Article 12. If the malfeasance constitutes a crime， the lessee shall be investigated for criminal responsibilities.

　　Article 24 Any lessor，who doesn‘t report to the department of public security upon finding out that the lessee uses the leasing house to conduct illegal or criminal activity shall be punished by the department of public security according to law.

　　Article 25 If the leasing　house‘s owner， entrusted manager or the lessee 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 other crime， he shall be investigated for criminal responsibility.

　　Article 26　The state functionary or person engaging in official business instate-owned company， enterprise or public institution， who leases house but fails to go through relevant formalities of house tenancy administration， shall be given an administrative disciplinary sanction by the supervisory department.

　　Article 27 Any reality management company， cooperative equity enterprise or other economic organization， which intentionally obstructs or hinders the comprehensive administration of leasing houses， shall be punished by relevant departments according to relevant regulations.

　　Article 28 Any intermediary organization of house tenancy， which violates the provisions of Article 21 of these rules， may be ordered to make correction by the administrative departments of house tenancy. If the circumstance is serious， a fine of not more than 10，000 yuan may be imposed.

　　Article 29 When relevant governmental department collects a fine， it shall issue the fine receipt uniformly printed by the department of finance.

　　Article 30 If a party is not satisfied with the penalty d

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