How to handle the registration and filing of housing lease for rental housing

Will the registered lease contract give the lessee various legal rights and interests? Enjoy the right of first refusal, the right of first refusal, the right of compensation for demolition and the right against a third party (that is, when the property owner wants to transfer or mortgage the house during the lease term, the lessee can continue to rent in accordance with the terms of the original contract).

The parties to the lease shall go through the formalities of registration, filing, alteration, rescission and termination within 10 days from the date of signing, changing, dissolving and terminating the lease contract. The specific procedures are as follows:

1) Handling agency: foreign-related, hotel and hotel housing lease registration and filing directly to the municipal real estate leasing management office; The lease registration of other houses shall be handled at the real estate leasing management office of each district or the rental housing management service center entrusted by it.

2) Materials to be submitted: (1) Application Form for Registration and Filing of Real Estate Lease in Guangzhou and Real Estate Lease Contract in Guangzhou; (2) Certificate of real estate rights or other valid documents proving its property rights; (3) The identity certificate or legal qualification certificate of the party to the lease.

3) Registration and filing: The leasing management agency shall affix the special seal for lease registration on the "Application Form for Real Estate Lease Registration in Guangzhou" and the "Lease Contract" within 5 working days for the houses that meet the rental conditions, and issue the "Housing Lease Certificate". (4) The contact address of the leasing office of the municipal and district land and housing management bureau and **.

What materials need to be submitted for housing lease registration and filing?

Legal analysis: (1) Handling agency: the registration and filing of foreign-related, hotel and hotel housing leases shall be handled directly at the Municipal Real Estate Leasing Management Office; The lease registration of other houses shall be handled at the real estate leasing management office of each district or the rental housing management service center entrusted by it.

2) Materials to be submitted: (1) Application Form for Registration and Filing of Real Estate Lease in Guangzhou and Real Estate Lease Contract in Guangzhou; (2) Certificate of real estate rights or other valid documents proving property rights; (3) The identity certificate or legal qualification certificate of the party to the lease.

3) Registration and filing: The leasing management agency shall affix a special seal for lease registration on the "Application Form for Real Estate Lease Registration in Guangzhou" and the "Lease Contract" within 5 working days for the houses that meet the rental conditions, and issue the "Lease Certificate for the Number of Houses".

Legal basis: "Measures for the Administration of Commodity Housing Leasing" Article 15 for the registration and filing of housing leases, the parties to the housing lease shall submit the following materials:

1) Housing lease contract;

2) The identity certificate of the party to the housing lease;

3) Housing ownership certificate or other legal ownership certificate;

4) Other materials stipulated by the competent departments of people's construction (real estate) of municipalities directly under the Central Government, cities and counties.

The materials submitted by the parties to the housing lease shall be true, legal and valid, and shall not conceal the true situation or provide false materials.

Legal analysis: The lessor shall go to the local housing management department for the registration and filing of the rental house, and publish the relevant information of the housing lease on the Internet. The parties need to submit valid documents such as the housing lease contract, the identity certificate of the housing lease party, and the house ownership certificate, and fill in the relevant materials, and the specific operation will be completed by trained intermediary personnel or staff of the core housing management window of administrative services.

Legal basis: Civil Code of the People's Republic of China or Dou".

Article 707: Where the lease period is more than six months, it shall be in writing. If the parties do not adopt a written form and cannot confirm Article 707 If the lease term is more than six months, it shall be in written form. If the parties do not adopt written form and cannot determine the term of the lease, it shall be deemed to be an indefinite lease.

If the lease term is fixed, it shall be regarded as an indefinite lease.

Article 710 The lessee shall not be liable for compensation if the leased property is used in accordance with the agreed method or according to the nature of the leased property, resulting in the loss of the leased property.

Article 715 The lessee may, with the consent of the lessor, make improvements to the leased property or add other things. If the lessee improves or adds other things to the leased property without the consent of the lessor, the lessee may request the lessee to restore the original state or compensate for the loss.

1. Application for registration.

The parties to the housing lease shall, within 30 days after the signing of the lease contract, go through the registration and filing procedures with the relevant documents to the real estate management department of the municipality directly under the Central Government, city and county. The following documents shall be submitted to apply for housing lease registration and filing:

1) Written lease contract;

2) Certificate of Ownership of the House;

3) The legal documents of the parties;

4) Other documents stipulated by the city people**. If you rent a co-owned house, you must also submit proof that the other co-owners agree to rent; To rent out the entrusted house, it is also necessary to submit the certificate that the entrusted custodian is authorized to rent.

2. The competent department shall review the lease contract.

The contents of the audit mainly include:

1) Whether the qualifications of the subject of the contract are qualified, that is, whether the lessor and the lessee have the corresponding conditions;

2) Whether the body is qualified, that is, the rented house is a house allowed to be rented by laws and regulations;

3) Review whether the content of the lease contract is complete and complete;

How long does it take for a rental to be filed.

Within 15 days after signing the lease contract, the lease party shall go to the district or county real estate transaction center where the house is located for registration and filing with the lease contract and the following materials. When the parties to the lease register go through the lease registration, in addition to submitting the signed lease contract, they should also submit the relevant documents for inspection.

1. The relevant certificates that the lessor should submit for inspection, such as the real estate ownership certificate or the house ownership certificate and the land use certificate; If it is rented to migrant persons, it shall also attach a public security permit for housing lease issued by the public security department; Proof of personal identity of the lessor or registration certificate of the enterprise or other organization; If the co-owned house is rented, the certificate or power of attorney of the other co-owners agreeing to the lease shall also be submitted; If it is rented, it should have a certificate of entrustment by the owner of the house.

2. Materials to be submitted by the lessee: the personal identity certificate of the lessee or the registration certificate of the enterprise or other organizations; Among the above-mentioned personal identity certificates or registration certificates of enterprises and other organizations, Chinese citizens residing abroad should also submit a valid passport of the People's Republic of China; For Hong Kong and Macao, the Mainland Travel Permit for Hong Kong and Macao residents should also be submitted; Taiwan, should also submit the mainland travel permit for Taiwan residents. For overseas enterprises and other organizations, a certificate of establishment notarized or certified by demolition shall be submitted.

Housing rental for housing lease registration and filing needs to provide the identity certificate of both parties to the lease, the application form for filing and registration, the house ownership certificate, the housing lease contract, etc., the staff will review and supervise the certificate, sign the preliminary opinion, the second trial opinion will be issued after the housing rental hall rental registration certificate.

Article 14 of the Administrative Measures for the Leasing of Commercial Housing.

Within 30 days after the conclusion of the housing lease contract, the parties to the housing lease shall go to the competent department of construction (real estate) of the municipality directly under the Central Government, city or county where the leased house is located to go through the registration and filing of the housing lease. The parties to the housing lease may entrust others in writing to handle the lease registration and filing.

Article 54 of the Law on the Administration of Urban Real Estate.

For housing lease, the lessor and the lessee shall sign a written lease contract, stipulating the terms of the lease term, lease purpose, lease **, repair responsibility, etc., as well as other rights and obligations of both parties, and report to the Ministry of Real Estate Management for the record.