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北京建委制式賃合同Lease Contract for Houses in Beijing City

原創文章:青島希尼爾翻譯公司 http://www.eacrwc.tw

2015-3-18

北京建委制式賃合同Lease Contract for Houses in Beijing City

  

 

Lease Contract for Houses in Beijing City

(For Intermediary Deal of Agent Institution)

 Lessor (Party A):       

Type and No. of ID:

 

Intermediary Party (Party C):

No. of Registered Document:

 

Lessee (Party B):  

Type and No. of ID:

 

According to the Contract Law of People’s Republic of China and relevant laws and regulations, Party A hereby entrusts the real estate brokage institution (i.e. rental agent institution), who is entrusted to rent the house, to reach agreement with Party B through friendly consultation to conclude the following contract for house rental and related matters.

Article 1   Basic Information of the House

1The house is located in       DistrictCountyof Beijing City at       , covering an area of   m2.

2Ownership of the house: Party A is holding the (■ Title Deed of House/ □ Public Housing Lease Contract / □ Housing Sales Contract/ □ Other Documents of House Source), Number of the Title Deed of House:                  or name of documents of house source:  -------- , name of owner of house (lessee of public housing, purchaser of house):       , the house (□ is / ■ is not) mortgaged.

Article 2   House Lease Information and Registration

1Purpose of Lease:     If the house is leased for residence, there could accommodate 3    persons, and no more than        persons.

2If the house is leased for residence, Party A, within 7 days after signing the Contract with Party B,  shall register the lease at the Community Service Center for Outsiders and Rental Housing, where the house is located. As for leased houses resided by several persons, Party B shall inform Party A about the tenants’ information. Party A shall establish a register book for tenants and report to the Center in accordance to the regulations. When the Contract is changed or terminated, Party A, within five days after the Contract is changed or terminated, shall register the change or cancelation at the Community Service Center for Outsiders and Rental Housing, where the house is located. During the effective period of the Contract, if there is any change of the tenants, Party B shall inform the Service Center within two days after the change, and shall register the change.

If Party B is an outsider coming to Beijing, the Information Form of Outsiders in Beijing (please refer to Appendix 1) shall be filled out; If any of the tenants is an outsider in Beijing, Party A shall provide relevant documents, supervise and assist Party B to get temporary residence permit at local police station; If any of the tenants is a foreigner, the residence shall be registered at local police station within 24 hours after the Contract is signed.

If the house is leased for non-residential purpose, Party A, within 30 days after the lease contract is signed, shall visit the Housing Administration Department, where the house is located, and file the house lease contract for the record.

Article 3   Term of Lease

1The term of lease is from           to     , for a total of One  year.

Party A shall deliver the house to Party B in accordance to the agreed conditions before       . The delivery is deemed to be completed when Party A and Party B both signed on the House Delivery List (see Appendix 2) and the door keys and         . are delivered.

2After the term of lease expires or the Contract is terminated, Party A has the right to take the house back. Party B shall return the house, accessories, equipment and facilities in their original conditions. Party A and Party B shall inspect the use of the house, accessories, equipment, facilities, water and electricity etc. and settle the fees and charges that should be covered by them separately.

If Party B continues to rent the house, a (■ written / □ oral) request shall be sent to Party A   30   days in advance. A new Lease Contract shall be signed upon consensus through the consultation of both parties.

Article 4   Rent and Deposit

1Rent standard and payment method:      yuan / (■ Month / □ Season), rent in total: RMB

                           yuan   ).

Payment method:     as deposit; and pay        in advance; dates of rent payment:    . Party B shall make rent payment through Method   :

Method 1: Party B shall directly pay cash to Party A;

Method 2: Party B shall directly transfer the payment to Party A’s bank account in China;

Method 3: If Party B, for any reason, cannot directly deposit the rent to Party A’s account, Party B shall entrust the lease agent institution to pay the rent. The lease agent institution shall deposit the rent to Party A's account in 24 hours. The agent institution is not allowed to directly collect the rent and make deposit or deposit the rent in another account.

2Deposit: RMB   yuan         yuanAfter the term of lease expires or the Contract is terminated, the deposit of lease shall be used to cover the fees and rent that should be paid by Party B, and the liability for breach of contract by Party B. After the deduction, the rest of the deposit shall be return to Party B (interest free).

Article 5   Settlement Method for Other Relevant Fees

1. Fees shall be paid by Party A: property management fee, heating fee, ------------- .
2. Party A shall pay for fees incurred from its use of services (no fee will apply if the services are not used): water, electricity, gas, telephone, Internet rental, satellite TV programs, club membership etc.; and for fees of repairing house and relevant facilities, furniture and electrical devices damaged by Party B. After the term of lease expires, if Party A cannot put the house to lease on time because of Party B, Party B shall pay Party A for the lost through monthly rent (RMB).
If Party B paid for fees that should be covered by Party A, Party A shall pay back the money based on the relevant receipts provided by Party B.

Article 6   Intermediary Service

1.                        The intermediary party shall carefully establish a lease contract between Party A and Party B, provide opportunities and intermediary services, honestly report on matters related to the establishment of the lease contract, and assist Party A and Party B with the inspection and delivery of the property.

Article 7   Maintenance and Repair of House

1Party A shall guarantee the architectural structure, equipment and facilities of the house meet the safety conditions of construction, fire control, security, and hygiene etc. and will not endanger personal safety; The lessee shall promise to follow the laws and regulations of China and Beijing City, and the property management regulations of the community where the house is located.

2During the term of lease, Party A and Party B shall work together to ensure the house and its accessories, equipment and facilities are available and safe;

1. Regarding the wear and tear of the house and its accessories, equipment and facilities caused by their natural quality or reasonable use, Party B shall immediately inform Party A to get it repaired. Party A shall carry out repair  five  days after receiving Party B’s notice. If no repair is arranged in 5 days, Party B can arrange the repair and Party A shall pay for it.

2. If the house and its accessories, equipment and facilities are damaged or out of order because of Party B’s improper care and unreasonable use, Party B shall be liable for the repair or the compensation.

Article 8   Subleasing

Unless otherwise agreed by Party A and Party B, Party B shall receive a written agreement from Party A before it can sublease part or all of the house to another person. Party B shall also take liability to Party A for the sub-lessee.

Article 9   Termination of Contract

1The contract can be terminated upon consensus through the consultation of Party A and Party B.

2In case of a force majeure that the Contract cannot be executed in accordance with the originally stipulated terms, the Contract shall terminate automatically.

3Party B may terminate the Contract anytime when one of the following circumstance occurs with Party A:

1. Party A delays in delivery of the house for  ten  days.

2. The house delivered seriously does not meet the Contract terms or affects the safety and health of Party B.

3. Party A does not perform the contractual maintenance obligations and therefore cause Party B cannot use the house normally.

4. ---------------------------------------------------.

4Party A may terminate the Contract and recover the house anytime when one of the following circumstance occurs with Party B:

1. Party B does not pay rent in accordance with the Contract for  ten  days.

2. Party B has fees in arrears of an amount up to   yuan.

3. Party B presumptuously changes the purpose of the house.

4. Party B presumptuously changes or damages the main structure of the house.

5. Party B refuse to compensate for damages to the accessories, equipment and facilities are caused by its improper care and unreasonable use.

6. Party B uses the house for illegal activities, harms public interest, or intrudes upon the normal work and life of others.

7. Party B presumptuously subleases the house to a third person.

8. ---------------------------------------------------.

5Other circumstances in which laws or regulations permit to terminate the Contract.

Article 10   Liability for Breach the Contract

1If any of the circumstances stipulated in Article 9 (3) occurs with Party A, Party A shall pay 100% of the monthly rent to Party B as the liquidated damages; If any of the circumstances stipulated in Article 9 (4) occurs with Party B, Party B shall pay 100% of the monthly rent to Party A as the liquidated damages, and Party A may ask Party B to restore the house to its original state or to compensate for corresponding loses.

2During the term of lease, if Party A wants to recover the house or Party B wants to terminate the lease before the Contract expires, a notice shall be sent to the other party 30 days in advance, and 100% of the monthly rent shall be paid as liquidated damages. Party A shall also return corresponding rent.

3Party A shall take compensation obligations for any personal injures or property loses of Party B caused by Party A’s lack of performing the contractual maintenance obligations.

4If Party A did not deliver the house on the contractual time or Party B did not pay the rent in accordance with the Contract but the conditions for terminating the Contract are not met yet, liquidated damages with an amount of RMB     yuan/day shall be paid. The liquidated damages do not deduct the normal fees.

Article 11   Solutions to Contract Disputes

Both parties shall settle the disputes through consultation if any disputes occur under the Contract; both parties shall submit the dispute to a competent people’s court if consultation fails, or apply for mediation according to the mediation terms or mediation agreement reached by both parties separately.

Article 12   Other Agreement

                                                                                              

The Contract shall become effective upon signing and sealing of the Parties. The Contract (including the appendixes) is made in --______ copies, with ____ copies for Party A, ____ copies for Party B, and one copy for Party C.

After the Contract becomes effective, any alteration or supplementary items made by both parties shall be attached in written form to the Contract as an appendix. The appendixes shall have the same legal effect with the Contract.

 

Signature of Lessor (Party A):                   Signature of Lessee (Party B):

                           Nationality:

Entrusted Agent:                               Entrusted Agent:

Contact Information:                            Contact Information:

Date:                                        Date:

 

Signature of Intermediary Person (Party A):

Contact Information:                             Date:      

 .

  

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