Jing Jian Fa [2019] No.309 Annex 1

BF-2019-0603                   Contract No.:

Template of Beijing Municipal House Lease Contract

Landlord: _______________________

Tenant:  _______________________

Beijing Municipal Commission of Housing and Urban-rural Development

Beijing Municipal Bureau of Market Regulation

July 2019

Description

1. The Contract, jointly formulated by Beijing Municipal Commission of Housing and Urban-rural Development and Beijing Municipal Bureau of Market Regulation, is intended as a template.

2. Before the signing of the Contract, the parties involved shall present valid identity documents. The landlord shall also present to the tenant the original real estate ownership certificate (house ownership certificate) or other materials certifying the legitimate source of the house; If the house is registered as a co-owned property, a consent to lease from the co-owners shall be provided.    

3. In accordance with the provisions of the Notice on the Announcement of Relevant Issues Concerning the Per Capita Living Area of Rental Housing in Beijing Municipality (Jing Jian Fa [2013] No.13), the houses to be leased in Beijing Municipality shall meet the safety conditions in construction, fire protection, public security, sanitation and other aspects. The room that was originally planned and designed as a living space shall be considered the minimum rental unit. The inner structure of the room shall not be altered or divided for more renters, and the room shall not be rented out to multiple renters with individual beds as a rental unit or in other disguised forms. Kitchen, bathroom, balcony and underground storage rooms are prohibited to be leased for accommodation. The per capita living area of rental housing shall not be less than five(5) square meters and each room shall not accommodate more than two(2) tenants (except those with statutory duty of care, support and maintenance). Unless otherwise provided by laws and regulations, the aforesaid provisions shall prevail.           

4. The content to be selected in the brackets ([  ]) herein, the content to be filled in the blank space, and the content to be deleted or added shall be determined by both parties through negotiation. Please select the content in the brackets ([  ]) with "√"; where the situation described herein does not actually occur or both parties do not make an agreement on the specific content hereunder, please mark "×" in the blank space as an indication of deletion.     

5. For the content that is not stipulated or not clearly stipulated herein, the parties hereto may make supplementary provisions on the blank line after relevant clauses in accordance with the actual situation, or sign a supplementary agreement separately. Where the transaction is made through a real estate brokerage agency, the house lease brokerage service contract shall be included into the Contract as an annex.   

6. The parties hereto may decide the number of original copies of the Contract in accordance with the actual situation and check each clause carefully when signing the Contract to ensure the content of each copy of the Contract is consistent. Under any circumstances, either party shall hold at least one original copy of the Contract.  

Beijing Municipal House Lease Contract

Landlord: ___________________________________________________________

[Legal Representative] [Person Responsible]:________________________________

Nationality: _______ Domicile: ______________________________________

Type of Identity Document: [Resident Identity Card] [Passport] [Business License] [ ]

Identification Number:_________________________________________

Postal Address:____________________________________                                    

Postal Code: __________________ Contact Number: _____________________

[Statutory Agent] [Authorized Agent]:______________________________________

Nationality: _______ Domicile: ______________________________________

Type of Identity Document: [Resident Identity Card] [Passport] [Business License] [ ]

Identification Number:_________________________________________

Postal Address:____________________________________

Postal Code: __________________ Contact Number: _________________________

(Where there are multiple landlords, their information can be added accordingly)

Tenant: _____________________________________________________________

[Legal Representative] [Person Responsible]:________________________________

Nationality: _______ Domicile: ______________________________________

Type of Identity Document: [Resident Identity Card] [Passport] [Business License] [                    ]

Identification Number:_________________________________________

Postal Address:____________________________________

Postal Code: __________________ Contact Number: _________________________

[Authorized Agent] [Legal Representative]:_________________________________

Nationality: _______ Domicile: ______________________________________

Type of Identity Document: [Resident Identity Card] [Passport] [Business License] [                    ]

Postal Address:____________________________________

Postal Code: __________________ Contact Number: _________________________

(Where there are multiple tenants, their information can be added accordingly)

In accordance with the provisions of the General Rules of the Civil Law of the People's Republic of China, the Contract Law of the People's Republic of China, the Law of the People's Republic of China on the Administration of the Urban Real Estate, the Administrative Measures for Commodity House Leasing, the Several Provisions of Beijing Municipality on House Lease Administration and other relevant laws and regulations, the landlord and the tenant, following the principle of free will, equality, fairness, honesty and trustworthiness, reach the following agreement on the matters related to house lease through negotiation:  

Article 1 Description of the Leased House

(1) Location:______________________, ___________________(District), Beijing (the location shall be in consistent with the one specified in real estate ownership certificate (house ownership certificate) or other materials certifying the source of the house), which is under the administration of______________ (Subdistrict Office) (Township) ____________(Residents' Committee) (Village Commission).

(2) The gross floor area of the house is _____________square meters. The main structure of the building is ___________, and the total number of floor is _______, with ________floors above the ground and _______floors under the ground. The house is on the ______ floor. The floor plan of the house is shown in Annex Ⅰ.   

(3) Type of house: [Complete Residential Housing] ______bedroom(s) _____living room(s) ___________dining room(s) __________bathroom(s) __________kitchen(s); [Non-complete Residential Housing] _________bedroom(s) _____living room(s) ____________dining room(s) ___________bathroom(s) ___________kitchen(s), with the following shared facilities:____________________; the facilities and equipment of the house and the supplementary furniture, electrical appliances, decoration and other conditions are shown in Annex Ⅱ.

(4) Legal housing ownership certificates or materials certifying the source of the house: [House Ownership Certificate] [Real Estate Ownership Certificate] [Property Sale and Purchase Contract] [House Lease Contract] [    ] and the certificate number: (see Annex Ⅲ); The [owner] [purchaser] [   ] of the house: ___________________[name of individual] [name of organization]; The house [has] [has not] been mortgaged.

Article 2 Transaction Method and Lease Mode

(1) The lease of the house is concluded through the transaction method [  ]:   

1. The parties hereto conclude the transaction without involving a brokerage agency.  

2. The parties hereto entrust a real estate brokerage agency to conclude the transaction. The registration number of house lease brokerage service contract: _______________, and the name of the agency: _____________; The registration number of house tenancy brokerage service contract:_____________, and the name of the agency: _________________.  

3.__________________________________________________    

(2) Lease Mode:

[Entire Tenancy] The parities hereto reach an agreement that the number of occupants of the house is _____, and shall not be more than______.

[Sub-lease] The living area of the sub-leased room is ______ square meters. The number of occupants in the room is _______ and shall not be more than _______. For the specific location of the room, please see the marked area in the floor plan of the house (Annex Ⅰ); The bathroom of the house is [absent], [separate], or [shared]; the kitchen is [absent], [separate], or [shared]; the living room is [absent], [separate], or [shared]; the balcony is [absent], [separate], or [shared]; Others: _____ [absent], [separate], or [shared].

(3) Where the tenant and the actual occupant are inconsistent, the tenant shall provide the landlord with the personal information of the actual occupant. Please see Annex Ⅳ for details. If there is a change of actual occupant, the tenant shall [notify the landlord within ____days] [obtain the prior written consent from the landlord].

(4) Within three (3) days after signing of the Contract, the parties herein shall go through the house lease registration formalities. If there are any changes of registered and documented information, the landlord shall go through the modification of registration in a timely manner.

Article 3 Lease Term and House Delivery

(1) The lease term starts from ______(Day)______(Month)______(Year) to ______(Day)______(Month)______(Year), totaling ______months (which shall not exceed the maximum term stipulated by laws and regulations). The landlord shall deliver the house to the tenant in accordance with the agreed conditions before______(Day)______(Month)______(Year), and meanwhile, both parties shall sign the House Acceptance Checklist (see Annex Ⅱ).

(2) After the expiration of the lease term or the termination of the Contract, the landlord has the right to take back the leased house, and the tenant shall return the house and its appliances, facilities and equipment in the state that is supposed to be after normal use. Both parties shall inspect the house and its appliances, facilities and equipment, water supply, power supply, heat supply, and other conditions. The tenant shall settle the expenses that he/she shall bear, and both parties shall sign and stamp the House Return Confirmation (see Annex Ⅴ).

(3) At the expiration of the lease term, if the landlord decides not to continue to rent out the house, he/she shall notify the tenant in writing at least thirty (30) days in advance; if the house continues to be rented out, the original tenant shall have the priority lease right under the same conditions unless the original tenant has a major breach of the Contract.

Article 4 Rent and Deposit

(1) The rent amount is CNY ___________ per ([month] [quarter] [half-year] [year] [ ]), and CNY____________(uppercase: ___________________) in total. The rent is paid by ([month] [quarter] [half-year] [year] [____________]) and on the date of ______________. The parties hereto agree to choose the payment format [  ].   

1. Pay in cash

2. Pay through bank remittance

Account Name of the Landlord: _________________

Account Number:__________________________

Bank of Deposit: ___________________________________

3. Others: __________________________________.

The landlord shall not unilaterally increase the rent during the lease term without agreement between both parties.

Where the Contract is terminated before the date of expiration, the landlord shall return the rent received but not yet incurred within_______ days after the termination of the Contract. The tenant shall move out of the house within _______days after the Contract is terminated.

(2) The deposit is CNY______________(uppercase:________________). The tenant shall pay the deposit to [the landlord] [__________] [in cash] [through bank remittance] or through [    ] before the date of ________(Day) ________(Month) ______(Year). Except for the part that is used to deduct the rent and expenses that the tenant shall pay but have not yet paid, as well as the damages for breach of contract and the compensation that the tenant shall bear, the remaining part of the deposit shall be returned in full to the tenant within three (3) working days from the date of handover of the house.

Article 5 Mode of Bearing Other Relevant Fees

During the lease term, the tenant shall bear the following fees: (1) water bill (2) electricity bill (3) telephone bill (4) household TV license fee (5) gas bill (6) sanitation fee (7) internet access fee (8) parking fee (9) heating bill (10) property management fee (11) other fees: _____________________, while the others shall be borne by the landlord.  

Other house-related expenses that are not specified herein shall be borne by the tenant. If the tenant pre-pay the fees that should be paid by the landlord, the landlord shall reimburse the fees for the tenant in accordance with the relevant payment receipts presented by the tenant.

Article 6 Use and Maintenance of the House

(1) The landlord shall guarantee that the construction structure, equipment and facilities of the leased house comply with the requirements for safety of construction, fire prevention, sanitation, environmental protection and other aspects, that the internal structure of the house is not altered and the basic functions of the house for use can be delivered, and that the interior decoration complies with relevant national standards and will not endanger personal safety. The tenant shall guarantee to abide by the laws and regulations of China and Beijing Municipality as well as the property management rules and regulations of the community where the house is situated, to reasonably use the house, and not to arbitrarily change the main body and the load-bearing structure of the building or to dismantle and modify indoor facilities and equipment without the authorization of the landlord.

(2) The landlord [agrees] [disagrees] the tenant to [decorate the house] [add other auxiliary facilities] [add equipment] [              ]. After the expiration of the lease term or the termination of the Contract, the aforesaid agreed matters shall be dealt with by one of the following means: [tenant shall remove the newly added facilities or equipment and restore the house to its original state] [sell the added facilities or equipment to the landlord at cut-rate prices] [the newly added facilities or equipment become the property of the landlord free of charge] [                 ].

(3) During the lease term, both parties shall jointly ensure the functionality and safety of the house and its appliances, facilities and equipment:

1. For any damage of the house and its appliances, facilities and equipment due to natural wear and tear, reasonable use or other reasons not caused by the tenant, the tenant shall promptly notify the landlord to repair it. The landlord shall carry out repair and maintenance work within ______ days after receiving the notice from the tenant. If the landlord fails to initiate repair or maintenance work within the time limit, the tenant may initiate it on behalf of the landlord, and the cost incurred thereunder shall be borne by the landlord. Where the maintenance or replacement of defected facilities or equipment affects the tenant's normal use of the house, the landlord shall reduce the rent or extend the lease term accordingly.

2. Where the house and its appliances, facilities and equipment are damaged due to negligence or unreasonable use on the part of the tenant, the tenant shall undertake the responsibility of maintenance and replacement or the liability of compensation.

3. The tenant shall not change the use of the house without authorization, shall not use the house to engage in illegal activities, and shall not harm the public interest or cause inconvenience to the normal work and life of others.

Article 7 Subletting

The landlord [agrees] [disagrees] that the tenant has the right to sublet the leased house.

Article 8 Other Special Circumstances

(1) Where the landlord decides to sell the leased house during the lease period, he/she shall notify the tenant at least_______ day before the sale and shall not affect the tenant's normal use of the house. The tenant shall reply whether to exercise the right of first refusal under the same conditions within fifteen (15) days after receiving the written notice from the landlord and shall be regarded as waiving such right where the tenant fails to reply within the time limit. The tenant's waiver of such right shall not affect the validity of the Contract. 

(2) Where the house is expropriated, demolished and relocated, or __________ during the lease period, the parties shall make a separate agreement with reference to laws, regulations and policies.              

Article 9 Termination of Contract

(1) The Contract can be terminated when both parties reach an agreement through negotiation.

(2) Where the Contract cannot continue due to force majeure, one party shall notify the other party, and the Contract shall be terminated when the notice reaches the other party.

(3) Where one party intentionally conceals important facts related to the conclusion of the Contract or provides false information, the other party has the right to terminate the Contract.

(4) Where the landlord falls under any of the following circumstances, the tenant has the right to unilaterally terminate the Contract:

1. The landlord delays the delivery of the house for up to ________days;

2. The landlord has no right to rent out the house or the house to be leased  if it violates the mandatory provisions of the relevant laws and regulations of China and Beijing Municipality Council;

3. The delivered house does not comply with the relevant laws and regulations or the agreed clauses hereof, which makes the tenant unable to use it normally or endangers the personal safety and health of the tenant; 

4. The landlord fails to undertake the agreed obligations in repair and maintenance or refuses to pay various expenses that should be borne by the landlord, which makes the tenant unable to use the house normally;

5.____________________________________________________________.

(5) Where the tenant falls under any of the following circumstances, the landlord has the right to unilaterally terminate the Contract and take back the leased house:   

1. The tenant fails to pay the rent as agreed for up to____________ day;

2. The outstanding payment of various fees amounts to CNY_________;

3. The tenant sublets the leased house without authorization;

4. The tenant changes the use of the house without authorization;

5. The actual number of occupants is more than the number agreed herein;

6. The tenant demolishes, changes, or damages the main body and the load-bearing structure of the building, or arbitrarily alters the internal structure of the leased house;

7. The tenant causes damages to appliances, facilities and equipment of the house due to his/her negligence or unreasonable use, and refuses to undertake the responsibility of repair, maintenance and replacement or the liability of compensation;

8. The tenant uses the leased house to engage in activities such as the ones that are illegal and harmful to the public interest, or causes great inconvenience to the normal work and life of others;

9.____________________________________________________________.

(6) Other lawful circumstances where the Contract can be terminated.

Article 10 Liabilities for Breach of Contract

(1) If the landlord falls under the circumstance stipulated in Item (4) of Article 9, he/she shall pay ______% of the monthly rent to the tenant as the damages for breach of contract.  

If the tenant falls under the circumstance stipulated in Item (5) of Article 9, he/she shall pay _______ % of the monthly rent to the landlord as the damages for breach of contract, and the landlord may request the tenant to restore the house to its original state or compensate for corresponding losses.

(2) Except for the circumstances stipulated in Article 9 hereof, if the landlord needs to take back the leased house before the expiration of the lease term, or the tenant needs to terminate the Contract before the expiration date, he/she shall notify the other party in writing at least ________day in advance, and pay______% of the monthly rent to the other party as the damages for breach of contract. The landlord shall return the rent and expenses paid by the tenant but not yet incurred.

(3) If the landlord fails to perform the obligations in maintenance and repair as agreed and causes personal and property losses to the tenant, the landlord shall undertake compensation liabilities; where the tenant causes harm to the public interest and to the legitimate rights and interests of the parties with adjacent relations, or uses the leased house in an unreasonable manner, the corresponding liabilities shall be borne by the tenant.

(4) If the landlord fails to deliver the house or return the rent and deposit to the tenant within the agreed time limit, or where the tenant fails to pay the rent as agreed but does not fall under any of the circumstances stipulated for termination of the Contract, and the tenant fails to return the house within the agreed time limit, the damages for breach of contract shall be paid in accordance with ___________________.

(5) If the landlord evicts the tenant by force, threats, or other forcible means, or enters the leased house without the prior consent of the tenant, the damages for breach of contract shall be paid in accordance with ___________________.

(6)__________________________________________________________.

Article 11 Postal Delivery

Both parties guarantee that the postal address and contact number recorded herein are true and valid. Any documents sent hereunder shall be in writing and shall be delivered to the other party by means of [postal express] [postal registered mail] [             ]. Where either party changes the postal address or contact number, it shall notify the other party in writing within ________ days from the date of the change. Where the party that changes its postal address or contact number fails to perform its notification obligation, which leads to the failure of document delivery, the document delivered by the other party according to the agreed postal address shall be deemed to be effectively delivered.

Article 12 Dispute Resolution

Disputes arising from the execution of the Contract shall be resolved through negotiation between the two parties, or through mediation by relevant social organizations; where the negotiation or mediation fails, the disputes shall be resolved through the way [   ]:

(1) Legally file a lawsuit with the People's Court in the region where the house is located;

(2) Submit to _______________Arbitration Commission for arbitration.

Article 13 Other Matters Agreed Upon

______________________________________________________________________________________________________________________________________________________________________________________________________________.

Article 14 Execution of Contract and Special Provisions

(1) The Contract shall come into effect from the date of signing and (stamping) from both parties.

(2) The Contract is made out in ______copies, with____ copy (copies) for the landlord, ______copy (copies) for the tenant, one copy for the lease registration and documentation department, and one copy for the real estate brokerage agency (if transaction is made with a real estate brokerage agency involved). These copies have the same legal effect.

(3)___________________________________________________________.

After the Contract comes into effect, both parties shall sign a written agreement as the supplement to the Contract on the contents that have not been stipulated or not been clearly stipulated herein (see Annex Ⅶ). The supplementary agreement shall have the same legal effect as the Contract. The termination of the Contract shall be in writing.

Landlord (Signature or Stamp):           Tenant (Signature or Stamp):      

[Legal Representative] (Signature or Stamp): [Legal Representative] (Signature or Stamp):

[Authorized Agent] (Signature or Stamp):   [Authorized Agent] (Signature or Stamp):

[Statutory Agent] (Signature or Stamp):   [Statutory Agent] (Signature or Stamp):

Signing Date:   Day   Month  Year    Signing Date:     Day   Month   Year