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Opinions of the Shanghai Housing Authority on the Implementation of the Shanghai Housing Lease Regulations (2): The "co-occupants" of public residential housing in the Shanghai Housing Lease Regulations refer to the fact that when the tenant of the public residential housing dies or changes the lease relationship, the person who has actually lived in the rented housing for more than one year (except for special circumstances) and has no other housing in the city, or who has other housing but has difficulty in living, may be exempted from the above conditions when the tenant of the public residential housing dies or changes the lease relationship.
Your dad is not a co-occupant and can't change the tenant to himself.
Is the co-occupant and the hukou not too related here, who lives in this house now? Who else is your aunt and your father? Who else can constitute a co-occupant?
Then you contact me again, and I will help you analyze what to do?
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Law of the People's Republic of China on the Management of Urban Real Estate
Article 37 The transfer of real estate refers to the act of the owner of real estate rights transferring his real estate to others through sale, gift or other lawful means.
Article 38 The following real estate shall not be transferred:
1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law;
2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law;
3) recovering the right to use land in accordance with law;
4) Co-ownership of real estate, without the written consent of the other co-owners;
5) the ownership is disputed;
6) Failure to register and receive a certificate of ownership in accordance with law;
7) Other circumstances where laws or administrative regulations prohibit transfer.
No matter what the relationship is, as long as it is not a gift, the transfer procedures should be carried out, and various taxes and fees need to be paid, and the population in the household registration of the tenant of the public housing must sign and agree to the house**. It has nothing to do with the account, as long as the tenant is changed, the transfer procedure will be completed. It doesn't matter how many years it is, less than two years of taxes and fees are more.
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Summary. Hello, no. According to the principle of China's "Inheritance Law", only private property can be inherited.
Public housing is owned by the State or collectively. Public housing tenants only have the right to rent and have no right to dispose of them. Public housing cannot be inherited as personal property (it has nothing to do with the absence of the hukou).
As for the renewal of the tenant's children, according to Article 11 of the Administrative Measures for Urban Housing Leasing issued by the Ministry of Construction, if the tenant of a residential building dies during the lease term, his family members who have lived together for more than two years may continue to renew. If the tenant's children meet the prescribed conditions, they can apply for renewal of public housing.
If the hukou is not in the public housing, can the tenant still be himself?
Hello, no. According to the principle of China's "Inheritance Law", only private property can be inherited. Public housing is owned by the State or collectively.
Public housing tenants only have the right to rent and have no right to dispose of them. Public housing cannot be inherited as personal property (it has nothing to do with the absence of the hukou). As for the renewal of the tenant's children, according to Article 11 of the Administrative Measures for Urban Housing Leasing issued by the Ministry of Construction, if the tenant of a residential building dies during the lease term, his family members who have lived together for more than two years may continue to renew.
If the tenant's children meet the prescribed conditions, they can apply for renewal of public housing.
Is this also the case for flat houses?
This is the only way for the unit to agree.
If you are not a child of the tenant, are you considered a family member? Can I apply for a change?
Immediate family members are required.
Immediate family members include?
Immediate family members generally refer to direct blood relatives, which refer to their parents and their children from all generations up and down, such as parents and children, grandparents and grandchildren, etc.
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Hello dear, I am happy to answer for you, the tenant of public rental housing can be changed to a person who is not an immediate family member, and the tenant can only write the name of one person on the real estate certificate. 2. If the tenant of public rental housing changes the conditions, during the lease period, if the tenant's family members who have lived together with the same household registration for more than one year and have no other housing are willing to continue to perform the original contract, and the other family members have no objection, they can go through the name change procedures. Therefore, the housing management authority handles the procedures for changing the name of the public housing.
If you don't have any other family members, you can handle the transfer, but you have to provide proof that you don't have any other family members. Proof of unmarried, deceased parents, and no siblings or other immediate family members. Without these proofs, it is a bit difficult for you to transfer ownership.
Therefore, if you want to change the tenant to someone else, you need to show the relevant certificates. 3. Conditions for the tenant of public rental housing to change the tenant (1) the death or relocation of the original tenant; (2) Have the same household registration as the original tenant; (3) be a family member of the original tenant; (4) Living with the original tenant for more than two years; (5) There is no other housing.
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Summary. Hello dear, happy to answer your <>
Based on your problem, the results of the analysis from a legal perspective are as follows: The tenant of public housing does not have to be the head of the household to be the tenant of public housing. Because if you meet the conditions of the lease, you can be a tenant.
The tenant of public housing must be the head of the household.
Dear, hello, I am glad to answer the <> of [fresh skin debate flower] for you
Based on your problem, the results of the analysis from a legal perspective are as follows: public housing tenants do not have to be the head of household registration to be public housing tenants. Because if you meet the conditions of renting, you can be a tenant of the tent.
Good. Legal analysis: pro, the tenant of public housing can be the head of the household, or not the head of the household, should be the tenant and the head of the household are two different concepts, so it can be different people, but as the tenant of public housing, if it is possible to buy a house, but it needs to be agreed by other people before it can be carried out.
There is only one rental card for each household, and there is only one tenant registered with the property management company, but there can be more than one householder. Generally speaking, a household has only one household registration book, but as long as the police station agrees, a household can also have two household registration books, and the name of the head of the household is recorded in the household registration book, which is registered and managed by the police station. In addition, the tenant of Shanghai public housing must have a share, but the head of the household does not necessarily have a share, and the head of the household also needs to meet the conditions of the same occupant in order to divide the benefits of the relocation.
Kiss, uh-huh, okay oh <>
Legal basis: Article 7 of the Measures for the Management of Leakage and Leakage of Modular Pipes in Public Rental Housing shall meet the following conditions: (1) there is no housing in the local area or the housing area is lower than the prescribed standard; (2) Income or property is lower than the prescribed standards; (3) If the applicant is a migrant worker, he or she shall have been stably employed in the local area for the specified number of years.
The specific conditions shall be determined by the competent departments of people's housing security at the municipality and city and county levels directly under the Central Government on the basis of the actual situation in the region, and shall be implemented and announced to the public after approval by the people at the same level.
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If the owner of a public housing household is not a tenant, can he change to a tenant? The head of a public housing household is not a tenant and can be changed to a tenant. During the term of the lease, the lessee may sublease part or all of the leased premises to another person with the consent of the lessor.
Article 26 of the Measures for the Administration of Urban Housing Leasing Housing sublease refers to the act of the tenant of the house renting out the rented house. Article 27 During the lease term, the lessee may sublease part or all of the leased premises to others with the consent of the lessor. Lessors can earn income from subletting.
Article 28 The sublease of the house shall be concluded with the remorse of Senfan. The sublease contract must be agreed in writing by the original lessor, and in accordance with the provisions of these measures for registration and filing. Article 29 The termination date of the sublease contract shall not exceed the termination date specified in the original lease contract, except as agreed upon by the lessor and the sublease parties.
Article 30 After the sublease contract takes effect, the sublessee shall enjoy and assume the rights and obligations of the lessor as stipulated in the sublease contract, and shall perform the obligations of the lessee stipulated in the original lease contract, unless otherwise agreed between the lessor and the subleaser. Article 31 During the sublease period, if the original lease contract is changed, rescinded or terminated, the sublease contract shall also be changed, rescinded or terminated accordingly. That's all I have summarized for you, I hope you understand.
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