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Shanghai Housing Leasing (Commodity House Pre-Lease) Contract Sample


1. This contract is applicable to the pre-leasing of commercial housing within the administrative area of ​​this Municipality and the rental of houses determined by negotiation according to the principle of marketization, excluding public housing rented by the municipal government, rental of administrative allocation and government investment. The construction of non-residential non-residential houses and the lease of private residential houses leased in accordance with the municipal government's prescribed rent standards before the implementation of the Regulations.

Second, the pre-leasing is limited to real estate development enterprises that have invested and built commercial houses that have obtained pre-sale permits, but commercial houses that have been pre-sold by real estate development enterprises are not allowed to be pre-leased.

3. [Rent] or [pre-leasing] in the terms of this contract is an indicative symbol indicating that the clause applies to rental or pre-leasing. When this contract is used as a house lease contract, only the content marked with [rental] can be used; and when it is used as a commercial house pre-leasing contract, the terms of the [pre-leasing] section and the "pre-lease related matters" section of the supplementary clause Terms. Other terms not marked with the [ ] symbol are accepted as general terms, regardless of pre-leasing or rental.

4. If the contract is used for pre-leasing of commercial housing, after the real estate development enterprise has completed the initial registration of the real estate and obtained the real estate right, the pre-rental parties shall sign the transfer of the commodity housing. After the delivery of the commercial house is effective, the original pre-lease clause in the contract is fulfilled.

5. The text of this contract is a model text formulated by the Municipal Housing and Land Resources Bureau and the Shanghai Municipal Administration for Industry and Commerce in accordance with the Shanghai Housing Leasing Regulations. The terms of the contract are all indicative terms and are agreed upon by the parties to the lease. The matters indicated in this contract may be clarified after the parties have reached a consensus by entering into a supplementary clause.

6. Before the signing of this contract, the lessor shall issue a real estate right certificate or other ownership certificate to the lessee, and the real estate development enterprise shall issue a pre-sale permit to the pre-tenant. And cross-check the relevant identification. Where the house is leased to a foreign mobile worker, the lessor shall also present the "Leasing and Security License for Housing Leasing" issued by the public security department.

7. Within 15 days after the signing of this contract, the parties shall handle the registration of the contract in accordance with the regulations. Among them, if the house is leased, it should be handled at the real estate transaction center or farm system reception office where the house is located, and obtain the registration certificate for the lease contract; if it belongs to the pre-leasing of commercial housing, the export commodity house should be registered with the city real estate transaction center; The real estate transaction center where the house is located is registered and filed. The pre-rented commercial housing is completed and the real estate right certificate is obtained. After the parties have entered into the pre-rented commercial housing use transfer book, they will go through the registration and filing with the real estate transaction center or farm system acceptance office where the house is located, and the lease contract registration record certificate. The lease contract is deducted by registration and can be used against third parties when there are repeated pre-leasing, rental, house transfer or mortgage settlement.

8. If one of the parties requests registration and filing, and the other party fails to cooperate, the party requesting registration shall be able to register and file with the relevant documents such as this contract and valid identity certificate.

9. The housing lease deposit is a measure of performance guarantee. When the house is rented, the lessor can agree with the lessee to collect the house rental deposit in the contract. The amount of the lease deposit is agreed by the parties to the lease. When the lease relationship is terminated, the house lease deposit shall be returned to the lessee in addition to the expenses borne by the lessee in the contract.

X. The text of this contract can be purchased from the city or the district where the house is located, the county real estate transaction center or the farm system acceptance office. Both parties should read carefully before using this contract and carefully understand the contents of each clause.

XI. This contract is a model text for the parties to refer to.

12. If the lease relationship of this contract is represented or intervened by a brokerage institution, the leasing party shall require the brokerage institution and the broker to sign and seal the last page of this contract.

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Shanghai Housing Leasing Contract

Shanghai commercial housing pre-leasing contract



The parties to this contract:

Lessor:

[Rent] Lessee:

Pre-leasing party:

[Pre-rent] Pre-tenant:

According to the "Contract Law of the People's Republic of China" and the "Regulations on Shanghai Housing Leasing", on the basis of equality, voluntariness, fairness and good faith, Party A and Party B shall, on the basis of consensus, stipulate that Party B can legally ____ Matters, enter into this contract.

I. Rental or pre-leasing properties

1-1 Party A's house to Party B is located in the _______ room of the city ________. The house ___ has a building area of ​​____ square meters, the house uses ____, the house type is ____, and the structure is ____. The floor plan of the house can be found in the attached file of this contract.

Party A has presented to Party B:

1) [Rental] Real Estate Warrants / Building Ownership Certificate / ______; [Certificate No.: ______].

2) [Pre-rent] Pre-sale permit [license number: _______].

1-2 Party A establishes a lease relationship with Party B as the ____ of the house. Before signing this contract, Party A has informed Party B that the house ____ is set to be mortgaged.

1-3 The scope of use and conditions of the public or shared parts of the house; the existing decoration, ancillary facilities, equipment status and the content, standards and related matters of Party A's consent to the decoration and addition of the auxiliary facilities by Party B, And Party B shall separately list in the attached files of this contract. Party A and Party B agree that the subsidiary file shall be the basis for acceptance of Party A's delivery of the house to Party B and the return of Party B to Party A upon termination of this contract.

Second, the purpose of leasing

2-1 Party B promises to lease the house as ____ and comply with the State and the city's regulations on housing use and property management.

2-2 Party B guarantees that it will not arbitrarily change the intended use of the preceding paragraph without the written consent of Party A and the approval and approval by the relevant department.

Third, delivery date and lease term

3-1 Party A and Party B agree that Party A shall deliver the house to Party B before the __ year __ month __ day. [Rental] The rental period is from __year__month__ to __year__month__day. [Pre-rent] The rental period of the house is from the date of signing of the pre-rented commercial house to the __year__month__ day.

3-2 Upon expiration of the lease, Party A has the right to take back the house and Party B shall return it as scheduled. If Party B needs to continue to rent the house, it shall, within __ months before the expiration of the lease period, submit a written request to Party A for renewal of the lease, and re-sign the lease contract with the consent of Party A.

4. Rent, payment method and term

4-1 Party A and Party B agree that the rent per square meter of building space per day is __ yuan. [Rental] monthly rent totals ___ yuan. . [Pre-rent] The monthly rent is determined by the calculation of the area of ​​the measured building area by the two parties in the pre-rented commercial housing delivery book. The rent of the house is unchanged within __. From the __, the two parties can negotiate to adjust the rent. The adjustments shall be agreed by Party A and Party B in the supplementary terms.

4-2 Party B shall pay Party A the rent before the __ day of each month. If the payment is overdue, Party B shall pay a penalty of __% of the daily rent for each day overdue.

4-3 The way Party B pays rent is as follows: ________________________.

V. Margin and other expenses

5-1 Party A and Party B agree that when Party A delivers the house, Party B shall pay Party A the security of the house lease, and the deposit shall be ___month of rent, ie ____ yuan.

Party A shall issue a receipt certificate to Party B after receiving the deposit.

When the lease relationship is terminated, the house lease deposit received by Party A shall be returned to Party B without interest except for the expenses borne by Party B.

5-2 During the lease period, the costs of water, electricity, gas, communication, equipment, property management, and ____ incurred by the house shall be borne by ___.

5-3 __ The above fees, calculation or apportionment methods, payment methods and time: ________________________________________.

6. Housing use requirements and maintenance responsibilities

6-1 During the lease period, Party B shall promptly notify Party A to repair if the house and its ancillary facilities are damaged or faulty; Party A shall receive the repair on behalf of Party B and the expenses shall be borne by Party A.

6-2 During the lease period, Party B shall use and care for the house and its ancillary facilities reasonably. If Party B uses improper or unreasonable use, causing damage to the house and its ancillary facilities, Party B shall be responsible for the repair. Party B refuses to repair, Party A can repair on behalf of the party, and the expenses shall be borne by Party B.

6-3 During the lease period, Party A guarantees that the house and its ancillary facilities are in a normal, usable and safe state. Party A shall inspect and maintain the house and shall notify Party B ___ in advance. Party B shall cooperate when inspecting maintenance. Party A shall reduce the impact on Party B's use of the house.

6-4 In addition to the subsidiary files of this contract, if Party B needs to renovate or add additional facilities and equipment, Party B's written consent shall be obtained in advance and approved by the relevant department as required. The affiliation and maintenance responsibility of the additional facilities and equipment added by Party B shall be separately agreed by Party A and Party B in writing.

Seven, the state of the house when it returns

7-1 Unless Party A agrees to Party B's renewal of the lease, Party B shall return the house within __ days after the expiration of the lease term of this contract. If Party A fails to return the house within the time limit without Party A's consent, Party B shall press ___yuan/ The square meter pays Party A the usage fee during the occupation of the house.

7-2 Party B shall return the house to the state after normal use. When returning, they should be approved by A, and they should settle the expenses they should bear.

8. Sublet, transfer and exchange

8-1 Except that Party A has agreed to sublease B in the supplementary clause of this contract, Party B may, in the lease term, obtain the written consent of Party A before subletting part or all of the house to others. However, the same residential house may not be subletted.

8-2 Party B shall sublet the house and shall enter into a written sublease contract with the subletter as required. According to the regulations, the registration of the district, county real estate transaction center or farm system acceptance office of the house shall be handled.

8-3 During the lease term, Party B shall transfer the house to another person for rent or exchange with the house rented by others, and Party A's written consent must be saved in advance. After the transfer or exchange, the assignee or exchanger of the tenancy of the house shall sign a lease change contract with Party A and continue to perform this contract. 8-4 If Party A needs to sell the house during the lease term, Party B shall notify Party B three months in advance. Party B has the right of first refusal under the same conditions.

9. Conditions for the termination of this contract

9-1 Party A and Party B agree that during the lease term, if one of the following circumstances occurs, the contract is terminated and the parties are not responsible for each other:

The land use right within the occupied area of ​​the house shall be recovered in advance according to law;

The house is legally requisitioned for social public interest or urban construction needs;

The house was damaged, lost or identified as a dangerous house;

Party A has informed Party B that the mortgage has been set up before the lease, and is now being punished.

9-2 Party A and Party B agree that in any of the following circumstances, one party may notify the other party in writing to terminate this contract. The party that violates the contract shall pay the liquidated damages to the other party at ____ times the monthly rent; if the loss is caused to the other party, if the liquidated damages are insufficient to pay the loss of the party, the difference between the loss and the liquidated damage shall be compensated. :

Party A failed to deliver the house on time, and has not delivered it within ___ days after Party B’s reminder;

The house delivered by Party A does not comply with the agreement of this contract, which may not achieve the purpose of the lease; or the house delivered by Party A is defective and endangers Party B's safety.

Party B did not obtain the written consent of Party A to change the use of the house, resulting in damage to the house;

Damage to the main structure of the house due to Party B;

Party B subleases the house without authorization, prescribes the rent of the house or exchanges the rented houses with others;

If Party B fails to pay the rent overdue for more than ____ months;

_____________________________________.

X. Liability for breach of contract

10-1 If the house is defective in delivery, Party A shall repair it within ____ days from the date of delivery. If it is not repaired within the time limit, Party A agrees to reduce the rent change clause.

10-2 As Party A has not informed Party B in this contract, the house has been mortgaged or the transfer of property rights has been restricted before the lease. If Party A loses Party B, Party A shall be responsible for compensation.

10-3 During the lease period, Party A shall not be responsible for the repair and maintenance responsibilities as stipulated in this contract, causing damage to the house and causing property damage or personal injury of Party B. Party A shall be liable for compensation.

10-4 During the lease period, if Party A arbitrarily terminates this contract without the conditions stipulated in this contract, Party A shall pay Party B a penalty of ______ times of the rent for the number of days recovered in advance. If the liquidated damages are insufficient to pay the losses of Party B, Party A shall also be responsible for compensation.

10-5 Party B may request Party B to ________________ without Party B's written consent or beyond the scope and requirements of Party A's written consent to decorate the house or add additional facilities.

10-6 During the lease period, if the contractor arbitrarily withdraws the rent in the middle of the contract, Party A may confiscate the deposit of Party B. If the deposit is less than the loss of Party A, Party B shall also be responsible for compensation.

XI. Other terms

11-1 During the lease period, Party A shall mortgage the house and shall inform Party B in writing and promise to Party B that the party has agreed to purchase Party B's opinion on the ___ day before the party disposes of the house at a discount or sale.

11-2 Party A and Party B agree that within 15 days after the signing of this contract, Party A shall be responsible for handling the registration and filing with the real estate transaction center or farm system acceptance office where the house is located, and obtaining the house rental registration record certificate; this contract After registration and filing, if the contract is changed or terminated, ______ shall be responsible for handling the change and termination registration procedures with the original registration authority within 15 days from the date of termination of this contract. If Party A fails to complete the registration or change of the housing lease registration, Party A shall bear the responsibility for the legal dispute arising. This contract is effective as of _________.

11-3 Matters not covered in this contract may be supplemented by A and by mutual agreement. The supplemental terms and subordinate files of this contract are inseparable parts of this contract. The texts filled in this contract and its supplementary clauses and the spaces in the attached files have the same effect as the printed characters.

11-4 A. Both parties are signing this and at the same time, clearly understand their respective rights, obligations, and responsibilities, and are willing to strictly enforce them in accordance with the contract. If one party violates this contract, the other party has the right to claim according to the provisions of this contract.

11-5 A. The dispute between the two parties on the performance of this contract shall be settled through negotiation; if the negotiation fails, the following one method may be adopted:

Submit the ___________ Arbitration Commission arbitration;

And bring a lawsuit to the people's court according to law.

11-6 This contract, together with the subsidiary file, is _________ copies. Among them: A, one for each party, one for the real estate transaction center or farm system, and one for __________, all of the same.

Additional Terms

1. Pre-rent related matters

1-1 Party A and Party B agree that Party A shall charge Party B a one-time advance payment of _____ yuan on the effective date of this contract. The use of advance receipts shall be separately agreed by the parties in Party A and Party B in the Supplementary Terms.

1-2 Party A's pre-leasing commercial housing must go through the initial registration of real estate, and obtain the real estate warrants for new commercial housing before it can be delivered;

1-3 Party A and Party B agree that Party A shall notify Party B to sign the use of the pre-rented commercial housing within ____ days after obtaining the real estate right certificate. The date of signing the lease of the pre-rented commercial house is the starting date of the lease of the house.

1-4 The actual construction area of ​​the leased house shall be subject to the measured construction area of ​​the surveying and mapping agency identified by the Shanghai Municipal Housing and Land Resources Administration after the completion of the house.

1-5 Party A and Party B agree that in any of the following circumstances, one party may pursue the other party for breach of contract. The specific breach of contract shall be separately stipulated by Party A and Party B in the supplementary clause:

1. Party A fails to deliver the house within the time limit;

2. The house before Party A’s delivery does not meet the contractual provisions of this contract;

3. Party A or Party B cancels the contract without authorization before the delivery of the house;

4. _________________________________;

1-6 During the pre-leasing period, Party B shall not sublet the rented house, transfer the renting right of the house or exchange the renting right of the house.

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