(Beijing, 22nd) The "Housing Leasing Regulation" (abbreviated as "the Regulation"), newly issued in China, will come into effect starting September 15. The Regulation stipulates that intermediaries must not release false housing listing information.
According to Xinhua News Agency, Chinese Premier Li Qiang signed the State Council Order last Wednesday (July 16), and the Regulation was announced by the State Council on Monday (July 21).
The Regulation aims to regulate housing leasing activities, protect the legitimate rights and interests of parties involved in housing leasing, stabilize rental relationships, promote high-quality development of the housing leasing market, and accelerate the establishment of a housing system that gives equal emphasis to both renting and purchasing.
Comprising seven chapters and 50 articles, the Regulation's main contents include: emphasizing that the development of the housing leasing market should adhere to a combination of market leadership and government guidance; encouraging an increase in housing supply through multiple channels; cultivating market-oriented and professional housing leasing enterprises; specifying that housing for rent must comply with relevant laws, regulations, rules, and mandatory standards regarding construction, fire safety, etc., and must not endanger personal safety and health; requiring housing leasing enterprises to publish true, accurate, and complete housing listing information; stipulating that those engaged in subletting business must set up leasing fund regulatory accounts in accordance with regulations, and so on.
According to the Regulation, kitchens, bathrooms, balconies, hallways, underground storage rooms, garages, and other non-residential spaces may not be rented separately for residential purposes. When a landlord terminates a housing lease contract according to the law, the tenant must be notified and given a reasonable period to vacate the premises; under no circumstances may violence, threats, or other illegal means be used to force tenants to terminate contracts or vacate the premises.
The Regulation aims to regulate housing leasing activities, protect the legitimate rights and interests of parties involved in housing leasing, stabilize rental relationships, promote high-quality development of the housing leasing market, and accelerate the establishment of a housing system that gives equal emphasis to both renting and purchasing.
Comprising seven chapters and 50 articles, the Regulation's main contents include: emphasizing that the development of the housing leasing market should adhere to a combination of market leadership and government guidance; encouraging an increase in housing supply through multiple channels; cultivating market-oriented and professional housing leasing enterprises; specifying that housing for rent must comply with relevant laws, regulations, rules, and mandatory standards regarding construction, fire safety, etc., and must not endanger personal safety and health; requiring housing leasing enterprises to publish true, accurate, and complete housing listing information; stipulating that those engaged in subletting business must set up leasing fund regulatory accounts in accordance with regulations, and so on.
According to the Regulation, kitchens, bathrooms, balconies, hallways, underground storage rooms, garages, and other non-residential spaces may not be rented separately for residential purposes. When a landlord terminates a housing lease contract according to the law, the tenant must be notified and given a reasonable period to vacate the premises; under no circumstances may violence, threats, or other illegal means be used to force tenants to terminate contracts or vacate the premises.
The Regulation also states that housing leasing enterprises must ensure that pictures of available properties are consistent with the actual homes, must not post false or misleading listing information, and must not conceal or refuse to provide important related information of the property for lease; it is prohibited to illegally collect, use, process, or transmit others' personal information, or to unlawfully buy, sell, provide, or publicly disclose others' personal information.
The Regulation also sets out requirements for supervision and management: online platforms providing housing leasing information publishing services must verify the real identity information of those who post housing listings. If a publisher is found to have provided false or otherwise illegal information, the platform must delete the relevant information according to law, preserve relevant records, and report to the appropriate authorities. Online platform operators may not act as agents for the collection or payment of rent or deposits.
The Regulation also sets out requirements for supervision and management: online platforms providing housing leasing information publishing services must verify the real identity information of those who post housing listings. If a publisher is found to have provided false or otherwise illegal information, the platform must delete the relevant information according to law, preserve relevant records, and report to the appropriate authorities. Online platform operators may not act as agents for the collection or payment of rent or deposits.