IMPORTANT NOTICE
This Contract is applicable to pre-lease of commodity houses and market-based house lease within the administrative area of Shanghai Municipality, excluding lease of public residential properties based on the government-specified rental rates, lease of houses in the manner of administrative allocation, lease of non-residential public properties whose construction is funded by the government, and the lease of private residential properties leased at the government-specified rental rates before implementation of Shanghai Regulations on Leasing of Housing Premises.
Pre-lease is only limited to the commodity houses built and invested in by real estate developers and issued with the pre-sale permit, excluding the commodity houses already pre-sold by real estate developers. The pre-buyers of commodity houses shall not pre-lease the pre-bought properties.
The mark 【lease】or【pre-lease】indicated in the provisions of this Contract is indicative, which means that the marked clause is applicable to lease or pre-lease activity, as the case may be. If this Contract is used for lease, only the provisions marked with 【lease】 can be adopted, while only the provisions marked with【pre-lease】and the supplementary clauses concerning pre-lease matters are applicable to the pre-lease case. Other provisions without the“【 】” mark are for general purpose, applicable to both lease and pre-lease.
If this Contract is used for pre-lease of commodity houses, the parties to the pre-lease shall enter into a commodity house occupancy takeover agreement after the commodity house is completed and its developer completes the real estate initial registration and obtains the certificate of title thereto. Thereafter, this contract will be converted into a lease contract and all the pre-lease provisions contained herein are fulfilled.
This contract is a sample form (for trial) developed by Shanghai Municipal Housing, Land and Resource Administration Bureau and Shanghai Administration of Industry and Commerce in accordance with Shanghai Regulations on Leasing of Housing Premises. All its provisions are informative for the parties to lease or pre-lease. Anything not covered hereunder may be negotiated and agreed upon between the Parties in the form of supplementary clauses.
Before execution of this Contract, the lessor shall present to the lessee the certificate of title to the leased premises or other documents supporting his/her ownership. The real estate developer shall present the pre-sale permit to the pre-lessor. The lessor and the lessee shall examine the ID certificate of each other. Where the house is leased to any non-Shanghai resident in transit, the lessor shall present the Security Permit for House Lease issued by public security authorities.
The parties to this Contract shall complete contract registration procedures as required within 15 days upon contract signing thereof. In the case of lease, the parties shall register with the real estate trade center or the farm system filing office at the place of the leased premises and then obtain the certificate of lease contract registration. In the case of pre-lease of commodity houses, those for overseas sale shall be registered with the Municipal Real Estate Trade Center while those for domestic sale shall be registered with the local real estate trade center at the place of the leased premises. After the pre-leased commodity house is completed and issued the certificate of title and the parties enter into the pre-leased commodity house occupancy takeover agreement, the parties shall register again with the real estate trade center or the farm system filing office at the place of the leased premises and obtain the certificate of lease contract registration. The registration of the lease contract can provide defense against any third party in the case of repeated pre-lease or lease or assignment of house during the term of lease or disposal of the house due to mortgage during the term of lease.
If a party requests registration of this contract but the other party refuses to cooperate, the party requesting such registration may alone register the contract by presenting this contract, valid ID certificate and other relevant documents.
This contract form is available at Shanghai Municipal Estate Trade Center or farm system filing office or local estate trade enter or farm system filing office in the district or county where the leased premises are located. The parties shall carefully read this contract before use.
This contract is a sample form for reference by the parties.
If the lease arrangement under this contract is brokered by an agency, the agency or the broker shall be required to sign and/or affix seal on the last page of this contract.