Beijing: Online Registration of New Housing Leasing Contracts

On the 14th, the Beijing Municipal Construction Commission issued the revised Beijing Housing Leasing Contract. The contract is divided into three versions and is filed online. The new contract will be implemented from June 1.

According to the person in charge of the Beijing Municipal Construction Commission, the implementation of online filing is mainly aimed at more effectively grasping the data and situation of rented houses, “who leases and who is responsible” to better understand the situation of floating population. If the leasing parties conclude the transaction on their own, they may sign the Beijing Housing Leasing Contract (Self-settled Transaction Version); if the brokerage agency enters into a transaction, the leasing parties shall sign the “Beijing Housing Leasing Contract (Intermediate Broker Transaction Version)” with the brokerage institution. Where a brokerage agency acts as an agent for renting houses and collects payment on behalf of the rent, it shall assist the leasing parties to sign the "Beijing Housing Leasing Contract (brokerage agent agency transaction version)". The parties may go to the district/county industrial and commercial branches to obtain the contract, or download it through Beijing Construction Network and Beijing Industrial and Commercial Network.

For transactions brokered by a brokerage agency, the sum of the commission paid by the lessor and the lessee shall not exceed the monthly rent. If the rent is collected by a brokerage agency, the renter of the house must directly deposit the rent (including the deposit) to a special rental account. The lessee may also entrust the leasing agency to pay the rent on behalf of the renter. The agency shall deposit the rent into the rent account within 24 hours and may not withhold or deposit other accounts.

The Beijing Municipal Construction Commission made it clear that if the owner of a house leases his own property, he or she should go to the staff of the community where he is located and the rental housing service station for registration. If the brokerage agency has made an intermediary transaction, it shall notify the lessor and the lessee through the contract to go through the filing formalities. Where a leasing agent acts as an agent for renting a house, the brokerage agency shall handle the leasing registration or filing formalities on behalf of the lessor. All house-rental and agency-related house leasing information is filed online, and the brokerage agency should fill in the relevant information through the Construction Committee’s house leasing contract network within 3 days from the signing of the leasing contract.

If the lease contract is changed or terminated, the brokerage agency shall change or cancel the online filing system within 3 days. Failing to submit or fill in false information on time and failing to make corrections in time due to incorrect information is a responsibility of the brokerage agency. The Beijing Municipal Construction Commission has made it clear that if the brokerage agency fails to perform the housing lease registration as required, the management department may order rectification, be punished, and publicize violations to the public.

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