What should I do if the housing management department issues a certificate of registration and filin

A housing lease contract is a contract in which the lessor delivers the leased house to the lessee, and the lessee pays rent to the lessor. According to the provisions of China's urban real estate management law, the lessor and the lessee shall sign a written contract to stipulate the terms of the lease term, lease purpose, lease **, repair responsibility, etc., as well as other rights and obligations of both parties, and register with the real estate management department for the record. Then many people will ask, how to handle the record certificate of the lease contract.

According to the relevant regulations, the lessor and the lessee must bring the original and copy of their ID cards, the original and copy of the house ownership certificate, and the original and copy of the housing lease contract to the housing property right registration center for processing. Here we should note that if there is more than one tenant or house owner, all parties should be present, if you can't be present for special reasons, you can issue a power of attorney to entrust others to handle it, but sometimes the power of attorney needs to be fair, so it is recommended to go in person to avoid unnecessary trouble. Legal basis:

Law of the People's Republic of China on the Management of Urban Real Estate

Article 54 For housing lease, the lessor and the lessee shall sign a written lease contract, stipulating the terms of the lease term, the purpose of the lease, the lease **, the responsibility for repairs, etc., as well as other rights and obligations of both parties, and register with the real estate management department for the record.

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.

1) Materials to be submitted by the lessor:

real estate ownership certificate or other ownership certificate as required; Among them: if it is rented to migrant personnel, the public security permit for housing rental issued by the public security department shall also be attached.

Proof of personal identity of the lessor or registration certificate of the enterprise or other organization;

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;

Where the materials submitted by the parties for registration and filing meet the requirements, the district or county real estate trading center or the acceptance office of the farm bureau shall issue a certificate of registration and filing of the lease contract. Those who do not meet the requirements shall not be registered for the record. If one of the parties requests registration and filing, and the other party does not cooperate, the party requesting registration and filing may apply to the real estate transaction center for registration and filing with the lease contract and the materials to be submitted by one party. Hope!

Materials required for the registration and filing certificate of the housing lease contract:

1. Housing lease contract;

2. Certificate of house ownership or proof of legal ownership of the house;

3. The legal documents of the parties; ID card and photocopy of lessor and lessee; A copy and photocopy of the legal person certificate or business license of the unit;

4. If the co-owned house is rented, the proof of consent of the other co-owners to the lease shall be submitted; If the mortgaged house is rented, the mortgagee's consent to rent certificate shall be submitted;

5. If the house is subleased, the certificate of the owner's consent to the sublease shall be submitted;

6. If the use of the rental house is changed, the certificate approved by the planning department shall be submitted;

7. Other relevant documents stipulated by laws and regulations.

Legal basis: Article 703 of the Civil Code of the People's Republic of China A lease contract is a contract in which the lessor delivers the leased property to the lessee for use and income, and the lessee pays the rent.

Article 706 of the Civil Code of the People's Republic of China Where the parties fail to go through the formalities for the registration and filing of the lease contract in accordance with the provisions of laws and administrative regulations, the validity of the contract shall not be affected.

Legal Analysis: 1. Handling Process.

The place of handling is generally the district real estate transaction center;

2. Required materials to be submitted.

1. Housing lease contract;

2. Certificate of house ownership or proof of legal ownership of the house;

3. The legal documents of the parties; ID card and photocopy of lessor and lessee; A copy and photocopy of the legal person certificate or business license of the unit;

4. If the co-owned house is rented, the proof of consent of the other co-owners to the lease shall be submitted; If the mortgaged house is rented, the mortgagee's consent to rent certificate shall be submitted;

5. If the house is subleased, the certificate of the owner agreeing to the sublease shall be submitted;

6. If the use of the rental house is changed, the certificate approved by the planning department shall be submitted;

7. Other relevant documents stipulated by laws and regulations.

Legal basis: The Civil Code of the People's Republic of China

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 deemed to be rented and buried in the ear for an irregular time.

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 lessor may request the lessee to restore the original state or compensate for losses.

Materials required for the registration and filing certificate of the housing lease contract:

1. Housing lease contract;

2. Certificate of house ownership or proof of legal ownership of the house;

3. The legal documents of the parties; ID card and photocopy of lessor and lessee; A copy and photocopy of the legal person certificate or business license of the unit;

4. If the co-owned house is rented, the proof of consent of the other co-owners to the lease shall be submitted; If the mortgaged house is rented, the mortgagee's consent to rent certificate shall be submitted;

5. If the house is subleased, the certificate of the owner's consent to the sublease shall be submitted;

6. If the use of the rental house is changed, the certificate approved by the planning department shall be submitted;

7. Other relevant documents stipulated by laws and regulations.

1. What are the conditions that need to be met for renting a house?

The following conditions are met:

1. Have a legal house ownership certificate.

2. If the house is a co-ownership property, there is a certificate that the co-owner agrees to lease.

3. If the residential or other buildings are converted into business buildings for rent, the certificate of consent of the planning and housing management departments shall be submitted.

4. If the venue in the public housing directly managed by the housing management department is rented, a certificate of consent from the housing management department shall be submitted.

5. The leasing of residential buildings shall be subject to the leasing policies stipulated by the state and the people of the city where the house is located.

6. The house can be used normally.

The following properties are not allowed to be rented:

1. Houses that have not obtained the house ownership certificate in accordance with the law.

2. Houses whose rights are sealed or otherwise restricted.

3. Rented out a co-owned house without the consent of the co-owner.

4. Houses with disputed ownership.

5. Illegal construction.

6. Houses that do not meet safety standards.

7. Mortgaged houses rented out without the consent of the mortgagee.

8. Houses that do not comply with the relevant regulations of public security, environmental protection and health departments.

9. Houses that are prohibited from being rented out under other circumstances as stipulated by relevant laws and regulations.

2. Should the plant lease contract be notarized?

Notarization is not a requirement for the validity of the lease contract, only the two parties can sign a legal and valid lease contract. However, the perpetrator is reminded to pay attention to the fact that many places have regulations that the contract for leasing housing needs to be sent to the relevant department for the record. The parties to the lease must sign a written contract.

On this basis, both parties shall go to the real estate management department where the house is located to go through the filing and registration with the housing lease contract and obtain the Housing Lease Certificate. In accordance with the provisions of China's law, the procedures for the registration and filing of the housing lease contract are that the parties shall go through the registration and filing procedures with the real estate management department within 30 days after the signing of the lease contract, and the required documents include: written lease contract; Certificate of Ownership of the House; Legal documents of the parties; Other documents stipulated by the city people**, including the certificate that the other co-owners of the rented co-owned house agree to rent, and the certificate that the entrusted custodian of the rental entrusted housing is authorized to rent, etc.

Relevant documents to be brought by the parties. The relevant documents of the lessor are: real estate right certificate or house ownership certificate and land use certificate; If it is rented, it should have a certificate of entrustment by the owner of the house.

The relevant certificates of the lessee include: the personal identity certificate of the lessee or the registration certificate of the enterprise or other organizations.