[Economic observation] What is the impact of online signing and filing of housing lease contracts?
2022-09-28
Since September, online contract signing and filing registration are required for renting houses in Beijing. This new regulation originates from the Beijing Housing Lease Regulations (hereinafter referred to as the Regulations), the first local regulation regulating housing leasing in China. According to the Regulations, Beijing will establish a sound housing lease management service platform to provide leasing parties with online signing, registration, filing, information query and verification services. The lessor shall, within 30 days after the signing of the lease contract, handle the housing lease registration and filing; Enterprises and real estate brokers engaged in housing lease business complete online signing of lease contracts through the housing lease management service platform and automatically submit them for registration and filing. As an agreement between equal civil subjects, a contract is legally established when it meets the requirements of the subject's eligibility, the true expression of intention, and the non violation of laws and regulations and social public order and good customs. So, for housing lease contracts, why do the Regulations further require registration and filing and encourage the completion of housing lease contract signing and filing through the housing lease management service platform? From the practical situation, for a long time, out of the need of regulatory review and avoiding "one house for two sales", the online registration of commercial housing sales has become a social consensus. While renting involves the right to stable residence, which also belongs to the category of people's livelihood, housing lease contracts are often signed privately by both the lessor and the lessee or through intermediaries. In the leasing relationship, the lessee is generally in a relatively weak position. Irregular phenomena in the housing rental market, such as arbitrary rent increase, deduction of deposit, violent eviction, thunder in long-term rental apartments, and second landlords running away with their money, have shaken the rights and interests that the lessee should enjoy. The person in charge of the Beijing Municipal Commission of Housing and Urban Rural Development said that more than 90% of the complaints reflected the infringement of the lessee's rights and interests from years of management practice. It is on this basis that, under the principle of equal protection of the parties in the Civil Code, the Regulations further highlight the protection of the lessee's residential rights and interests from the aspects of living conditions, security, rent stability, dispute mediation, etc. For example, the Regulations stipulate that the lessee should not take measures such as stopping water supply, power supply, heat supply and gas supply, or take illegal measures such as violence and threats to take back the leased house in advance for issues such as early acceptance of the house and arbitrary price increase that are generally concerned by the lessee; When the housing rent rises significantly or is likely to rise significantly, the municipal people's government can take price intervention measures such as price increase declaration, limiting rent or rent increase to stabilize the rent level. The online signature filing of housing lease contract helps to put the above rent and deposit amount, lease term, reasonable notice period of contract termination and other contents closely related to the lessee's rights and interests in the model contract text in black and white, so that the security and stability of residence, the collection of rent and deposit, etc. are all within the scope of supervision, facilitating the relevant departments to implement more effective supervision. In addition, the Regulations stipulate that housing leasing enterprises and real estate brokerage institutions should have the corresponding capital, personnel and management capabilities and should register for record. If the number of individual subleases exceeds the specified number, they should apply for the establishment registration of housing leasing enterprises and record for record, which has accurately attacked the illegal acts of "black intermediary" and "second landlord", and further standardized the order of the housing leasing market. As the first to "rent and purchase simultaneously"
Edit：Yi Bing Responsible editor：Wei Li Bin
Source：XinhuaNet
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