Housing is about safeguarding and improving livelihoods; renting is now an important way for new citizens, young people, etc. To solve housing problems。
From the disappearance of the illicit brokering funds to the unjustified increase in rent by some landlords to the excessive withholding of deposits and forced withdrawal ... These long-suffering difficulties for renters are expected to result in new solutions with the landing of a regulation。
The housing rent ordinance (hereinafter referred to as the regulation) will become fully operational on 15 september. As the country's first administrative regulation devoted specifically to housing rental, its landing will drive the housing rental market towards a new stage of rule of law and regulation, providing strong support for the rule of law to accelerate the establishment of a housing system for rental purchases and promotion of “housing for living”。
What are the requirements of the regulations for the behaviour of the relevant subjects of housing leases? What are the implications for the housing rental market? How will we guarantee better implementation of the regulations? During the past few days, journalists have visited a number of housing intermediaries and have had in-depth exchanges with landlords, tenants, lawyers and experts to see how the new regulations have entrusted urban builders with their “home-settling dreams”。
It's like renting a place, depositing a deposit, unilateral default, etc
The newly graduated liu ting (alias) was troubled by the fact that the house she rented expired and the landlord refused to refund the deposit of 2000 yuan on the grounds of “wall scratches” and “further wear”. “i only rented it for a year, and the loss was due to normal use, and he asked me to bear the full cost of the renovation. Liu ting said that she would be exposed to the internet and that there was widespread resonance。
Netizens call the landlord's behaviour of putting a light on the wall and looking at the damage to the rental house the term “light loss”, which is also reminiscent of the pain of renters and, to some extent, of the lack of authority on the basis of the reality of division。
With the acceleration of the urbanization process and the normalization of population movements, the renting population of the country has continued to expand. According to media reports, there are nearly 260 million tenants in china, according to the blue book on the development of the urban lease market in 2025。
Searching for rental housing on a web platform is the main way for young people to rent housing. Henan's daily newspaper's all-media journalist wang fu xiao
The large size of the lease and the complex rental relationship have also created new situations and problems, housing rental market order has yet to be regulated, and a large number of tenants and landlords have been more or less troubled in the rental process -
After six months of the lease, zhao suddenly received a telephone call from the landlord asking her to leave within a week because “the son wanted to use the house” and also claimed that “the door lock would be changed and forced to be removed”. In the absence of a choice, she had to drag her bag into a small hotel and slowly find a new home。
Xiao wu saw a single room online. The house in the picture was finely renovated and the broker also stated that he had been paid for utilities and that xiao wu had decisively transferred the rent to him. It was only when the house was seen in the field that the so-called “single room” had been modified in the kitchen “and even the balcony had been put up and down”。
It is not an example of the experience of forced eviction, the tyrannical clause, the non-refundable deposit ..。
The 30-square-square-square reinforced floor, a 50-square-square complex of doors, the decorating of the morning decorated rentals, and the economic losses are more worrying to the tenants than to the “strength” of formaldehyde. From the time mr. Fong spent almost two years collecting rents, brokering fees, to ms. Shanghai was blinded by false test reports from renters, and news about the “serial house” appeared on the internet on several occasions。
Landlords also have problems in the informationless rental market。
Sun rented an apartment for a one-time rent of $12,000 for a six-month period from brother c, the “second landlord”. After less than two months of residence, the real owner, ms. Wang, came to collect the house and both parties knew that côte d ' ivoire was on the run. Ms. Wang did not tolerate the expulsion of young people who had just graduated from school, but had to bear part of the loss。
“the rapid growth of the housing rental market has been accompanied by the exposure of deep-seated problems, such as uneven supply and demand and inadequate regulatory mechanisms, which have become a bottleneck in the practical effectiveness of the housing system. According to the lawyer of the law firm hae-tien jie (zhengzhou) in beijing, in recent years there have been various initiatives to guide the healthy and orderly development of the market, but at the legal level there is still an urgent need to further regulate specific laws and regulations at the national level, based mainly on the civil code, the municipal real estate act and others。
Responsiveness for rights and interests, strong regulation of rule-making markets
With a view to regulating housing rental activities, safeguarding the legal rights and interests of persons involved in housing rental activities, stabilizing housing rental relations, promoting the quality development of the housing rental market and promoting the acceleration of the establishment of a housing system for rental and acquisition, the state council has issued a regulation, chapter vii, article 50, which provides a systematic regulatory framework covering the whole subject of the housing rental market, regulating rental activities, regulating the behaviour of housing leasing enterprises, regulating the behaviour of brokerage agencies, strengthening supervision and supervision, and strict accountability。
Since july, when the regulations were issued, there have been positive changes in the housing rental market in my province。
On 12 september, at a property broker shop in zhengdong district, zhengzhou city, journalists saw staff members re-shaping the rental house. “in accordance with the requirements of the regulations, we have installed all the sources of housing that have been severed and which have been improperly publicized.” mr. Lee pointed to the computer system and told reporters。
According to the regulations, non-residential spaces such as kitchens, bathrooms, balconyes, tunnels, underground storage rooms, garages, etc., may not be rented separately for residential use; information on the source of the dwelling shall be authentic, accurate and complete, information on the source of the dwelling shall not be published in a false or misleading manner, and important information on the proposed rental dwelling shall not be concealed or refused。
Refunds of interest to tenants are difficult and compulsory, with more detailed requirements。
The regulations make it clear that a lessor who collects a deposit shall agree in a housing lease contract on such matters as the amount of the deposit, the time of return and the circumstances in which the deposit is deducted; the lessor shall not use violence, threats or other unlawful means to compel the lessee to cancel the lease or to evacuate the rental dwelling. This means that the deduction of the deposit must be “expressly agreed” in the contract and that the landlord is not free to extend its interpretation。
“let me be assured that there are provisions for the regulation of funds.” the owner of the land, wang jianhua, living in hueji, zhengzhou, told the journalist. Under the regulations, housing rental enterprises engaged in sub-lease operations are required to establish and publicize a housing rental fund account, through which housing rental funds are collected. Violations are ordered by the property administration of the local people's government at the district level and above to be corrected and warned, with a fine of 20,000 to 100,000 yuan; if they do not, with a fine of 100,000 to 500,000 yuan. “as long as you find a regular business, you don't have to be afraid of the rolls.” he said。
In the view of lawyer ho ho hobo at henan & crafts, the regulation gives tenants a unilateral filing power of value. “`if the lessor fails to file a housing lease contract, the lessee may do so', which means that, even if the landlord does not cooperate, the tenant may apply for filing on the basis of a contract, a transfer record, as proof of rights and access to public services.” he reminded the tenants that they should be more aware of the evidence and that bank transfers should be made to the extent possible and noted for purposes。
The regulations regulate not only landlords, intermediaries, but also tenants ' behaviour, making it clear: safe and reasonable use of rented housing, non-damage, unauthorized demolition, non-use of fire-fighting facilities, or changes in the rental housing weight structure, non-disturbation of water, electricity, gas pipelines, and no unauthorized change in the use of rented housing, demolition of residential facilities or modification of other structures of rented housing without the lessor's consent。
“strengthening integrity building in the housing rental sector” is also enshrined in the regulation, which explicitly requires the establishment of a credit evaluation system for housing leasing enterprises, housing leasing brokers and their practitioners, the recording of violations in the credit record, the incorporation of such violations into the national credit information-sharing platform and the implementation of classification regulations based on credit status. “a single violation of the law is restricted throughout the country. If you fail to believe, a lot of behavior will be restrained, and this is a strong regulation.” cold sword points。
“in the past, rental disputes were mainly covered by civil law contracts, which are part of the `moral market' for ex post facto relief; now the regulation directly imposes a mandatory obligation that regulators can impose on themselves, the `ruled market'.” according to the cold-long sword, new types of litigation, such as the bankruptcy of rent-regulated account funds, may or will arise with the introduction of the regulations, and the housing system of lease-buying will be further implemented in a series of judgements and enforcement。
An orderly development that will secure the city's builders. Dream
Take it easy, take it easy. To promote the regularization of the housing rental market, my province has been working。
“the first two years, six people were crowded in one room, and now no more than two people live in each room, much more comfortable.” the home construction worker zhao, who is based in sinyang, led the journalist to the house he rented in zhengzhou city。
The city of zhengzhou has returned to the customary region to upgrade old neighbourhoods and improve the quality of living. Henan's daily newspaper's all-media journalist wang fu xiao
As a capital city of the province, zhengzhou has attracted a large number of outsiders for job creation. As of 1 january this year, the zhengzhou regulation on housing rents has been in force, providing for the establishment of a sound housing lease governance system, the further regulation of tenancy practices, the strengthening of contract filing, business filing, financial supervision, etc。
In april, the zhengzhou people's government office issued a circular to further strengthen the management of the zhengzhou rental market. The circular made it clear that, in principle, the number of inhabitants per room does not exceed two and that the per capita area of occupants is not less than 4. 5 square metres, except in exceptional circumstances such as legal maintenance, maintenance, maintenance obligations, etc. At the same time, the principle of rent and deposit collection is further refined: the amount of rent that the enterprise collects from the lessee on a single basis does not generally exceed three months, the amount of deposit is generally not more than one month's rent, and is regulated through a special account for financial supervision。
The zhengzhou city housing security and real estate authority has also published a list of 14 irregular housing rental enterprises and issued the zhengzhou city housing rental contract model, reminding that contracts must be carefully read and that no verbal commitments may be accepted。
“we shall guide local efforts to improve the policy of housing tenancy regulations and regulations so as to ensure the effective implementation of the relevant provisions of the regulations, in a timely manner and on a basis consistent with local realities.” on 10 september, the relevant head of the department of housing, urban and rural construction of the province interviewed journalists and stated that further initiatives would be taken to ensure the effective implementation of the regulations and to give real meaning to the “settling dream” of urban builders。
The provincial housing and urban and rural construction offices will provide guidance to local real estate authorities on the professional training of housing rental enterprises, real estate brokers and their practitioners in order to disseminate the main elements of the regulation to the general public in an easily understandable manner, ensuring that the content of the regulation becomes more visible; guide local efforts to speed up the construction of housing rental management service platforms and integrate business filings, contract filing, information management, statistical monitoring, etc., in order to provide technical support for market regulation; further strengthen credit system development, study the development of credit evaluation systems for housing rental enterprises, conduct credit evaluation of enterprises, brokerage agencies and their practitioners, and implement hierarchical regulation based on credit status; and direct local efforts to address housing rental market disruptions, in conjunction with development reform, public security, market regulation, natural resources, etc., and establish mechanisms for housing rental regulation and enforcement, as well as information-sharing and association regulation, to establish regulatory frameworks to regulate the rental market order. Henan's daily news is full of media journalists
Renting a house
Housing for rental is required
Should meet the relevant building and fire regulations and mandatory standards and not endanger personal safety and health
Non-residential spaces such as kitchens, bathrooms, balconyes, aisles, underground storage rooms, garages, etc. May not be rented separately for residential use
The maximum number of individual tenants and the minimum rental space per capita shall be in accordance with the criteria established by the local people's government at the municipal level and above in the district
You have to sign a contract with a real name
Housing lease contracts should be filed with the local property administration
If the lessor does not file, the lessee can do it
The amount to be paid, the time of return and the circumstances in which the deposit is deducted
Legal termination to allow reasonable time for eviction of rented housing
(reporter
Expert perspective
A new phase of rule of law in the rental market
Director and professor of law, faculty of law and law, henan zhang qiang
On 15 september, the housing tenancy ordinance was formally enacted to regulate housing rental activities in a comprehensive manner and with multiple dimensions, not only to help stabilize rental relations, promote healthy market development, but also to accelerate the establishment of a “rent-purchase” housing system to provide important support。
The most significant breakthrough of the ordinance is the upgrading of the legislative hierarchy and the construction of a chain-wide system. Previously, in the area of rental housing, the country relied mainly on the relevant provisions of the civil code and the urban real estate act, and there was a lack of specific legislation and regulations on rental housing. The regulation defines a wide range of security rights such as the filing of housing rental contracts, the regulation of funds, the filing of housing resources, the monitoring of rents, etc., in order to strike directly at market distress points and respond to popular claims。
From “lawful” to “good law and good governance”, there are several areas where work needs to be done to transform the ordinance from a statute to a sense of truth。
The first is a comprehensive and intensive legal literacy campaign. (c) to help staff of the relevant departments, the public, etc. To better understand content, create a strong environment and raise awareness of compliance。
The second is to strengthen coherence and coordination and policy coherence. The competent authorities are required to effectively strengthen the organization's implementation and supervision, and the local people's governments are required to implement it in an integrated manner and to develop complementary policies that are in line with regional realities。
The third is to use the regulation as a tool to move the rental market from “quantity” to “mass”. The ultimate goal of rule of law is to promote a healthy and orderly market environment for a higher standard of living. To accelerate the establishment of a multi-maintenance, multi-channel security, and lease-purchase housing system that will guide the market to provide more high-quality, long-term, secure sources of housing, so that the “leases” in the “buy-and-buy” can truly become a stable and reliable life option。
"henan daily news"
