Why did the government issue a clear order that lessors should not enter the rental housing without

This provision is actually enacted to protect the interests of tenants.

According to the current Housing Tenancy Regulations, we can understand the current situation and legal basis of renting, and some of the provisions are eye-catching, because they can directly affect the interests of tenants and tenants, and solve many problems in renting.

Housing tenancy regulations.

1.Rents may not be raised or lowered unilaterally.

According to the Consultation Paper, during the term of the housing lease contract, except as provided by law and the circumstances agreed in the contract, the lessor or lessee shall not unilaterally terminate the housing lease contract, and shall not unilaterally increase or decrease the rent.

At the same time, if the lessor collects the deposit, it shall stipulate the amount of the deposit and the time of return in the housing lease contract. Except as agreed in the housing lease contract, the lessor shall not deduct or delay the return of the deposit.

2.The landlord is not allowed to enter without the tenant's consent.

According to the draft for comments, the lessor is not allowed to enter the rental housing without the consent of the tenant. If it is necessary to enter the rental housing for legitimate reasons, the lessor shall agree with the lessee on a time, and the lessee shall cooperate.

3.The tenant shall not alter the load-bearing structure of the house without authorization.

According to the draft for comments, the tenant shall abide by the provisions of laws and regulations, use the rental housing reasonably, and shall not damage or dismantle the fire protection facilities or alter the load-bearing structure of the house without authorization. Without the consent of the lessor, the lessee shall not dismantle or alter the interior facilities or alter other structures of the house without authorization.

4.Landlords are not allowed to violently threaten tenants to vacate.

When the housing lease contract expires or is terminated, the lessee shall vacate the leased housing in a timely manner, and the lessor shall not force the lessee to vacate by violence, threats or other illegal means. If the lessee refuses to vacate the leased housing, the lessor may require the lessee to vacate the leased housing in accordance with law; If losses are caused, the lessee shall be liable for compensation in accordance with the law.

5.Housing agency rental services are clearly priced.

According to the draft for comments, real estate brokerage institutions shall clearly mark the price of housing rental service items.

Specifically, the real estate brokerage institution shall issue a list of fees to the parties before charging fees, listing the charging standards, the amount of fees and other matters related to the fees, and the list of fees shall be signed and confirmed by the parties.

Real estate agencies are not allowed to charge any fees not specified in the brokerage activities of housing rentals. If the housing lease contract signed through a real estate agency expires and the lessor and the lessee renew or re-sign the housing lease contract, the real estate agency shall not charge commissions and other fees again.

In addition, the regulations also suggest that "the people of municipalities directly under the Central Government and cities divided into districts may establish a supervision system for housing rental funds, and include rents and deposits in the supervision." ”

Among them, the clause that the landlord cannot enter the tenant's room without the consent of the tenant actually means that the relevant departments are aware of the unequal relationship between the landlord and the tenant during the lease period, and the landlord has been in a stronger situation for a long time, and can enter the tenant's room at will during the lease period by relying on his own house, which actually violates the tenant's privacy to a large extent.

In general, it is to protect the rights and interests of tenants. We all know that now there is a phenomenon of housing leasing everywhere from Beijing, Shanghai and Guangzhou, to small counties and even rural areas. Areas with larger migrants and denser mobility tend to have a hotter and more mature rental housing market.

At present, rental housing is widely used for living, operating, warehousing and so on. The tenant rents the property to the tenant for personal needs and pays a fee to obtain the right to use the property, and in most cases, the tenant is responsible for the maintenance and management of the rental property for the duration of the lease. <>

Although the tenant acquires the right to use the premises during the lease term, the reality is that it is not uncommon for the landlord to enter the rental housing without the tenant's consent or knowledge, and it also poses a lot of problems. Imagine that you are a tenant, and when you are in the shower, the lessor suddenly appears in the room silently, is it embarrassing or scared? When you return to the rental room after a hard day's work and are ready to rest, the moment you open the door, you see the landlord sitting in the room waiting for you to chat; When you open your eyes in the morning, the lessor appears in front of you, says good morning to you, and asks you if you are afraid?

If the lessor is able to enter the rental housing without the tenant's permission, it will cause countless foreseeable problems to the tenant. I think that since tenants spend money to find a relatively private and independent space in a wandering place, if they are allowed to come and go freely, then the meaning of leasing is lost. Of course, if the lessor is allowed to enter and exit on its own, it is even more unclear when the property is lost.

Originally, during the lease period, the tenant was supposed to be responsible for the custody and maintenance of the property in the leased housing, but because the lessor entered and exited on his own, it was difficult to divide this matter. <>

In general, this order should be in response to the voice of the majority of tenants. At the same time, it can effectively reduce some embarrassing and controversial situations, which is helpful for later dispute handling. Anyway, if I'm a renter, I like it.

Since the house has been rented to someone else, the other party has paid the rent and signed the contract, which means that the right to use the house belongs to the tenant during this period, but some landlords have the key in their hands to go in and out at will.

In fact, this is mainly due to the safety and privacy of the tenant, and the interests of the tenant are best protected.

I think the government is trying to protect the rights and interests of the renter, because if the landlord enters without permission, it may cause property damage and invade the privacy of others.

This is a reasonable provision to protect the privacy of tenants and the safety of their property.

In order to regulate housing leasing activities, safeguard the legitimate rights and interests of housing leasing parties, and build a stable housing leasing relationship. Specifically, during the term of the housing lease contract, the lessor or lessee shall not unilaterally terminate the housing lease contract, except as provided by law and the circumstances agreed in the contract; Without the consent of the lessee, the lessor shall not enter the rental housing without authorization; The maximum fine for renting out non-residential spaces such as basements is 500,000 yuan, etc.

The penalties for renting out houses that are not allowed to be rented are: the competent department of real estate shall order corrections within a time limit, and if there are illegal gains, a fine of not less than one time but not more than three times the illegal income but not more than 30,000 yuan, and a fine of less than 5,000 yuan if there are no illegal gains.

Legal basis] Article 6 of the Administrative Measures for the Leasing of Commercial Housing.

Houses that fall under any of the following circumstances are not allowed to be rented:

1) It is an illegal construction;

2) Failure to comply with mandatory standards for safety, disaster prevention and other engineering construction;

3) Changing the nature of the use of the house in violation of regulations;

4) Other circumstances where laws and regulations prohibit rental.

Article 21.

In violation of the provisions of Article 6 of these measures, the competent department of construction (real estate) of the municipalities directly under the Central Government, city and county shall order correction within a time limit, and if there is no illegal gains, a fine of less than 5,000 yuan may be imposed; Where there are unlawful gains, a fine of between 1 and 3 times the amount of the unlawful gains may be imposed, but not more than 30,000 RMB.

The penalties for renting out houses that are not allowed to be rented are: the administrative department of housing and urban-rural construction shall order correction within a time limit, and a fine of more than 5,000 yuan may be imposed on those who have illegal income, and a fine of more than 30,000 yuan may be imposed on those who have illegal income.

[Legal basis].Article 21 of the Administrative Measures for the Leasing of Commercial Housing.

In violation of the provisions of Article 6 of these measures, the competent department of construction (real estate) of the municipalities directly under the Central Government, city and county shall order correction within a time limit, and if there is no illegal gains, a fine of less than 5,000 yuan may be imposed; Where there are unlawful gains, a fine of between 1 and 3 times the amount of the unlawful gains may be imposed, but not more than 30,000 RMB.

The competent department of construction (real estate) of the people's government of the municipality, city and county shall order correction within a time limit, and if there is no illegal gain, a fine of not more than 5,000 yuan may be imposed; Where there are unlawful gains, a fine of between 1 and 3 times the amount of the unlawful gains may be imposed, but not more than 30,000 RMB.

Houses that fall under any of the following circumstances are not allowed to be rented:

1) It is an illegal construction;

2) Failure to comply with mandatory standards for safety, disaster prevention and other engineering construction;

3) Changing the nature of the use of the house in violation of regulations;

4) Other circumstances where laws and regulations prohibit rental.

Article 6 of the Administrative Measures for the Leasing of Commercial Housing: Houses shall not be rented out under any of the following circumstances:

1) It is an illegal construction;

2) Failure to comply with mandatory standards for safety, disaster prevention and other engineering construction;

3) Changing the nature of the use of the house in violation of regulations;

4) Other circumstances where laws and regulations prohibit rental.

Article 21 in violation of the provisions of Article 6 of these measures, by the municipality, city and county people's ** construction (real estate) departments ordered to rectify within a time limit, no illegal gains, may be fined less than 5,000 yuan; Where there are unlawful gains, a fine of between 1 and 3 times the amount of the unlawful gains may be imposed, but not more than 30,000 RMB.

The competent department of construction (real estate) of the people's government of the municipality, city and county shall order correction within a time limit, and if there is no illegal gain, a fine of not more than 5,000 yuan may be imposed; Where there are unlawful gains, a fine of between 1 and 3 times the amount of the unlawful gains may be imposed, but not more than 30,000 RMB. Houses under any of the following circumstances shall not be rented: (1) It is an illegal building; 2) Failure to comply with mandatory standards for safety, disaster prevention and other engineering construction; 3) Changing the nature of the use of the house in violation of regulations; 4) Other circumstances where laws and regulations prohibit rental.

Legal basis: Articles 21 and 6 of the Administrative Measures for the Leasing of Commercial Housing.

The penalties for renting out houses that are not allowed to be rented are: the administrative department of housing and urban-rural construction shall order correction within a time limit, and a fine of more than 5,000 yuan may be imposed on those who have illegal income, and a fine of more than 30,000 yuan may be imposed on those who have illegal income.

1. The price increase is more or less illegal.

If the operator has one of the following behaviors to promote the goods too fast and too high, he shall be ordered to make corrections, confiscate the illegal gains, and impose a fine of less than 5 times the illegal gains; where there are no unlawful gains, a fine of between 50,000 and 500,000 RMB is to be given, and where the circumstances are more serious, a fine of between 500,000 and 3,000,000 RMB is to be given; If the circumstances are serious, it shall be ordered to suspend business for rectification, or the business license shall be revoked by the administrative organ for industry and commerce (1) fabricating or disseminating information on price increases, disrupting the order of the market; (2) In addition to production for personal use, exceeding the normal storage quantity or storage cycle, hoarding a large number of commodities that are tight in the market and abnormal fluctuations, and continue to hoard after being warned by the competent department; (3) Using other means to coax and promote commodities too fast or too high.

2. How to punish for violating the provisions of labor dispatch.

Anyone who engages in labor dispatch business without permission shall be ordered by the labor administrative department to stop the illegal acts, confiscate the illegal gains, and impose a fine of not less than one time but not more than five times the amount of the illegal gains; where there are no unlawful gains, a fine of up to 50,000 yuan may be imposed. Where a labor dispatch unit or employing unit violates the provisions of this Law on labor dispatch, the labor administrative department shall order it to make corrections within a specified period of time; If the correction is not made within the time limit, a fine of not less than 5,000 yuan but not more than 10,000 yuan per person shall be imposed, and the labor dispatch business license shall be revoked for the labor dispatch unit. If the employer causes damage to the dispatched worker, the labor dispatch unit and the employer shall be jointly and severally liable for compensation.

3. Is paid carpooling an illegal operation?

Motor vehicles operating on roads must obtain an operating permit. In the carpooling process, most of the motor vehicles are private cars without operating permits. Article 64 of the Regulations of the People's Republic of China on Road Transport stipulates:

Without obtaining a road transport business license, engaged in road transport business without authorization, the road transport administration at or above the county level shall order to stop the operation; where there are unlawful gains, the unlawful gains shall be confiscated and a fine of between 2 and 10 times the unlawful gains shall be imposed; where there are no unlawful gains or the unlawful gains are less than 20,000 RMB, a fine of between 30,000 and 100,000 RMB is to be given; where a crime is constituted, criminal responsibility is pursued in accordance with law. ”

Article 21 of the Administrative Measures for the Leasing of Commercial Housing.

In violation of the provisions of Article 6 of these measures, the competent department of construction (real estate) of the municipalities directly under the Central Government, city and county shall order correction within a time limit, and if there is no illegal gains, a fine of less than 5,000 yuan may be imposed; Where there are unlawful gains, a fine of between 1 and 3 times the amount of the unlawful gains may be imposed, but not more than 30,000 RMB.

Preamble: A new ban on renting is coming, and some houses will be not allowed to be rented out from next year, mainly for the safety of residents. There are several types of houses that cannot be re-rented, and the first category is not renovated in accordance with the strict content of the house decoration, and the house can no longer be rented directly to tenants.

There are some houses inside after renovation due to formaldehyde and benzene are seriously exceeded. When the residents move in, they will find that their bodies will be a little uncomfortable, so such a type of house is expressly forbidden to rent out. <>

When young people go to work in other cities, they are forced to rent a house of their own in the local city. However, there are some houses that have potential safety hazards, such as renting a house, there will be potential safety hazards, which is also a top priority. For today's young people, because of the low salary when working in other cities, they are forced to rent a house with other people.

However, due to the aging of some communities, it is easy to cause potential safety hazards in the circuit. <>

When young people go in and out of other places to work, they are forced to choose to rent a house in other places, especially in some first-tier cities. Renting a house in such a city is already the first choice for young people, and when young people rent a house, they are more likely to want to improve their living standards and choose to rent a better house. For some young people, they will be sloppy, and they will make the rental house very dirty after moving into the rental house.

Because of the thought that such a rental house itself is not their own house, some householders are reluctant to rent out their new house. <>

When some owners rent a house, they take their own interests into account, but never put the interests of the residents first. The owner should think that if the house has been identified as a dangerous house, such a house must not be rented to tenants, because such a house will have safety risks.