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It can be roughly estimated as follows:
1. If the total rental income of the property rented by the owner is less than 20,000 yuan per month, the lease registration and filing fee shall be calculated according to 9% of the monthly rent of the property currently leased. Submit it once a month.
2. If the total rental income of the property rented by the owner per month is greater than 20,000 yuan, the lease registration and filing fee shall be calculated according to 15% of the monthly rent of the property currently leased. Submit it once a month.
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Information. 1. "Application for Real Estate Registration" (original), get it at the registration window.
2. ID card of the parties (lessor and lessee) (original + copy).
3. Real estate certificate (original + copy).
4. Housing lease contract (original + copy).
5. Power of attorney (original) and ID card of **person (original + copy).
Fees payable: $50 for each registration.
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Why is it reasonable to pay for the same housing used for rental business, but not for renting it for residence?
According to the Qingdao Municipal People's Office [2010] No. 23 document, the "Notice of the Qingdao Municipal People's General Office on Strengthening the Management of Housing Leasing in Our City" requires that the industrial and commercial department should check the housing rental registration certificate issued by the housing management department when handling the industrial and commercial business license. The registration and filing of housing leases is a requirement of current laws and regulations. The registration and filing of housing lease is the legal publicity of the right to use the house.
Preview of the recent opening The latest opening of the real estate.
According to the "Law of the People's Republic of China on the Management of Urban Real Estate", the Ministry of Housing and Urban-Rural Development's "Measures for the Administration of Commercial Housing Leasing" and the provisions of Document No. 23 [2010] issued by the Qingdao Municipal People's General Office, housing leases should go through the filing procedures with the housing lease registration department. Articles 14 and 19 of the Administrative Measures for the Leasing of Commercial Housing stipulate that if a housing lease contract is concluded, modified, renewed or terminated, the parties to the lease shall go through the registration and filing of the housing lease within 30 days.
Housing lease registration and filing handling fee standard.
The handling fee for housing lease registration and filing is based on the following documents: Lu Fei Fa [2011] No. 87 and Qing Gai Fei [2002] No. 189. Fees:
Residential: 100 yuan per set; Non-residential: 120 yuan to 350 yuan each time (120 yuan each time with a construction area of less than 100 square meters; construction area of 100-500 square meters, 150 yuan each time; construction area of 500-1500 square meters, 200 yuan each time; construction area of 1500-3000 square meters, 300 yuan each time; 350 yuan each time for a construction area of more than 3,000 square meters).
This means that rental housing should be registered and recorded, and the fee standard is also uniformly regulated.
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Legal analysis: The housing lease registration and filing certificate is the housing lease registration and filing certificate. The housing lease registration and filing certificate can also be referred to as the "red book", because the appearance is like a small red book, which is handled in the housing management office, and needs to be registered and recorded, and there will be a separate housing code, which is equivalent to our ID card.
Legal argument is based on: 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 use the written form, it is impossible to confirm the seventh filial piety tour 1007 The lease term is more than six months, and the written form shall be adopted. 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 lessor may request the lessee to restore the original state or compensate for the damage and loss.
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The housing lease registration and filing certificate is generally handled by the homeowner, and the lease contract, house ownership certificate and other relevant information should be brought when going to the real estate management department.
1. What is the use of the housing lease registration and filing certificate?
Lease registration is a statutory requirement for the validity of the lease contract, and only after the lease registration can the legitimate rights and interests of both parties be effectively protected; Lease registration is also a means for the real estate management department to control, manage and regulate the real estate rental market in a unified manner. Therefore, lease registration is of great legal significance.
Although the Measures for the Management of Urban Housing Leasing and the local regulations of various provinces and cities stipulate that leases must be registered, in fact, most of the parties involved in leasing activities do not go through the lease registration procedures. If one party breaches the contract without lease registration, it will be difficult for the court to fully punish the breaching party for the breach of contract when the actual trial is heard, and it will be difficult for the non-compliant party to obtain all the liquidated damages, because the contract itself is invalid. When such cases are handled by arbitration, it is also difficult to award liquidated damages to the breaching party.
2. Materials required for housing lease registration and filing certificates.
After accepting the application of the parties, the real estate management department shall also submit the following relevant certificates, certificates and documents to the real estate management department where the house is located:
1. The lease contract, the various documents submitted, and other documents for the registration of the housing lease stipulated by the local government. If a house is rented to engage in production or business activities, the "Housing Lease Certificate" can be used as a legal certificate for the business premises.
2. Submit a certificate that the client authorizes the rental of the house.
For subleased houses, the sublease contract shall be approved by the original lessor and valid certificates.
For the co-owned house, the consent letter of the co-owner shall be submitted, and if it is qualified, the party concerned shall be notified to receive the "Housing Lease Certificate".
The Housing Lease Certificate is a legality, proof and document review of the housing lease behavior.
The house entrusted to the escrow can generally be signed and approved by the original lessor on the sublease contract.
If the house is known to be mortgaged, the consent letter of the mortgagee must be provided. If the text of the unified housing lease contract is used, it can be obtained from the real estate department before the contract is concluded.
3. "Housing Ownership Certificate".
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The information to be written in the housing lease registration and filing certificate includes: the names of both parties to the lease; Location information of the rental property; Rental housing use; the term of the lease; The amount of rent and other terms required by the real estate authority.
1. Whether the business scope includes housing lease.
The business scope includes leasing and does not include housing leasing. Housing leasing belongs to the company's business scope, and housing leasing belongs to a franchised enterprise, and only those who have certain qualifications can engage in housing leasing business. According to the relevant laws and regulations, housing lease refers to the act of the owner of the house as the lessor renting his house to the lessee, and the lessee pays rent to the lessor of Zhiqiaozen.
According to the relevant laws and regulations, 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 register with the real estate management department for the record.
2. How to write the amount of the rental contract? Precautions?
The rental contract can state: the amount of rent, the method of delivery, and the time of delivery; the identity of the parties; the location, size, decoration and facilities of the house; Housing use; the term of the lease; home maintenance liability; Decoration agreements; agreement to sublease; the conditions for rescission of the contract; Liability for breach of contract and other terms agreed by the parties.
3. How to write a rental contract prohibiting pets.
The prohibition of pets in the rental house can be stated in the contract: the names and information of both parties to the lease; location information of the house; Housing use; the term of the lease; the amount of rent and the method of payment; special provisions prohibiting pets; Liability for breach of contract for private pets; home maintenance liability; The agreement to sublease and other terms agreed by the parties.
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 register with the real estate management department for the record.
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