《房地产租赁合同》英文版.pdf

1 Guangzhou City Property Lease Contract 2 Notes for filling in the contract form: 1. This contract is applicable to establishment of real estate lease relation. 2. This contract is compiled and printed in a unified way by Guangzhou Municipal State owned Land Administration Real Estate Management Bureau. Any reproduction or duplicate copy of this contract shall be of no effect. 3. The right to interpret the clauses of this contract shall vest in Guangzhou Municipal State owned Land Administration Real Estate Management Bureau. 4. This contract must be filled in with an ink pen or signing pen, and shall not bear any alteration mark or missing of information. 5. The parties (the lessor and lessee) entering into this contract must be natural persons, juridical persons or other organizations, among which those natural persons without civil capacity or with a limited civil capacity must authorize their legal proxies to act for themselves. 6.The hints within the “( )“ mark are for reference only at the time of filling in the blanks before the “( )“ mark. 7.Any matters not covered under this contract and other clauses reached by the parties may be filled into the blank space in Clause 18 or stipulated under a supplementary agreement signed by and between the parties under a separate occasion, and must go through the formalities with the Real Estate Lease Registration Department. Besides, any contents of these other clauses or the supplementary agreement must not violate related laws and regulations of the State, Province and City. In case that any disparity arises between such other clauses or the supplementary agreement and this contract, and the supplementary agreement has failed to explain clearly in writing upon such disparity, this contract shall then prevail. 3 Guangzhou City Property Lease Contract The lessor (Party A): _ The lessee (Party B): _ In accordance with the related laws, regulations and various stipulations upon real estate management affairs set forth by the State, Province and the City, and under the principle of equality in such a case, Party B shall then pay rentals to Party A according to the adjusted rental standards. Clause 3 Party B has paid _ yuan (in _ currency) as a sum of guarantee deposit to Party A (if the property in concern is categorized in the public owned class, the amount of such guarantee deposit shall be determined by the related policy on reform to housing system; if the property in concern is for any other purpose than residence, the guarantee deposit shall then be charged by an amount no more than the equivalent to 3 monthly rentals of the same property), and shall use the prepay in concern as agreed under the property lease contract sighed by and between the two parties. Party A shall either return the principal of such guarantee deposit to Party B or use such guarantee deposit to offset the rental unpaid by Party B. Clause 4 Within the term of lease, Party A shall bear the following responsibilities: 1) Provide the house and in-house equipment to Party B for use as stipulated under this contract. Otherwise, Party A shall pay a penalty to Party B by _ % (no more than 3% of the monthly rental) for each day beyond the agreed date of hand-over. 2) Be responsible for conductin8 regulars safety inspections on the house, undertake the repair and maintenance costs as a result of natural damages of the main structure of the house; in case that Party B has to move out of the house due to repair work upon the house, Party A shall then sign a move-in agreement with Party B. In case that any personal injury or loss of assets is incurred upon any third party as a result of Party As delay in fulfilling its responsibility of repairing or maintaining the house, Party A shall then be responsible for making compensations. Party A shall be responsible for such other repair and maintenance responsibilities as: _ _ _ 3) In case Party A intends to transfer the property right of the house in concern within the term of lease, Party A must notify Party B in writing by _ months in advance (no less than 3 months). In case Party A intends to mortgage the house in concern, it is then required to notify Party B in writing by _ days in advance. 4) Within the term of lease, in case Party A needs to terminate this contract prior to the agreed time of expiration, Party A must acquire Party Bs consent. Clause 5 Within the term of lease, Party B shall undertake these responsibilities: 1) Pay the rental by the agreed time of payment. Otherwise, Party B shall pay a penalty to Party A by _% (no more than 3%) of the rental of the current month for each day in excess of the paying time as agreed. If such overdue rental remains unpaid for _days, Party A shall then have the power to terminate this contract and take back the house in concern. 2) Make use of the house strictly in line with the agreed purpose of house utilization. In case Party B changes the purpose of house utilization without authorization, Party A shall then be able to 5 terminate this contract and take back the house in concern. 3) If Party B needs to expand, add building parts to, or change the internal partition of the house in concern, conduct interior decoration or add equipment into the house, Party B must acquire the written consent of Party A and enter into an agreement in writing with Party A, and shall also negotiate with Party A upon the rental separately. Party A shall be entitled to supervise the engineering process upon the house. 4) In case of sublease of the house in concern, the point _ below shall then apply: (1) It is not allowed to sublease the house in concern. Otherwise, it will be deemed as Party A has automatically waived the light of use of the house. This contract shall also be dissolved upon the date of such sublease, and the guarantee deposit shall not be refunded, and Party B shall be responsible for compensating for all the losses incurred in such a case. (2) It is allowed to sublease the house in concern. It is necessary to sign a sublease contract , re-negotiate and other clauses under the contract , as well as go through the registration formalities for such sublease. 5) Take good care of and make normal use of the house and in-house equipment. If any natural damage is found in the house and in-house equipment , Party A shall then notify Party A of such damages and actively coordinate with Party A in examining besides ,Party A shall be responsible for going through the formalities on expansion of capacity with related authorities with the charges arising accordingly undertaken by Party B. 7) Take measures to prevent fire accidents from happening .It is not allowed to keep any combustible or explosive hazard articles in the house against the law. 8) Within the term of lease, in case Party B needs to terminate this contract prior to the agreed time of termination, Party B shall acquire the consent of Party A in advance. 9) Upon expiration of the term of lease and on the date of Party As request of taking back the house or terminating this contract, Party B shall hand back the leased house ad in-house equipment to Party A; if Party B needs to renew the lease. Party B shall negotiate with Party A upon such renewal of lease by _months (no less than 3 months)in advance, and enter into a separate contract of lease with Party A. 10) Within the term of lease, Party B must abide by the relevant State polices on child birth control. 6 Clause 6 Liability for Breach of Contract 1) In the event that either party has failed to fulfill the clauses as stipulated under this contrast or has violated any laws or regulations on real estate lease , the other party shall be entitled to terminate this contract in advance, and the violating party shall undertake the losses incurred in such a case. 2) Upon expiration of the term of lease and if Party A and Party B have not renewed this contract , and if Party A requests to take back the house and Party B has failed to do so by the designated time of hand-over, Party A shall then not only be entitled to require Party B to move out of the house by a designated time and pay the rental of the house during its extended occupancy of the house, but also shall have the power to charge Party B with a penalty by % of the total amount of the rentals during Party Bs occupancy of the house. 3) Within the term of lease, in case either party unilaterally proposes to terminate this contract on the ground of any other reason than those agreed between the 2 parties, the other party shall then be entitled to claim compensations for its losses incurred in such a case , and also have the power to charge the proposing party with a penalty by %(no more than 100%)of the total rentals during the remaining period before expiration of the term of lease. Clause 7 Penalties and compensation money shall be paid up within the ensuing 10 days once the liabilities have been determined. Other wise, each day in excess of such a deadline will incur an additional late ate fee by % of the outstanding amount to be paid by the party responsible. Clause 8 Within the term of lease, in case the house in concern has been decided to be not in conformity with the standards on safety use, this lease contract shall be terminated automatically, and the party (or parties )responsible shall be liable for compensations for any losses incurred accordingly. Clause 9 In case that any force majeure the has caused it impossible to fulfill this contract, the two parties shall then undertake no responsibility against each other in such a case. Clause 10 Within the term of lease, if the house under lease has to be dismantled due to a land requisition reason , the two parties shall then jointly abide by the Regulations on the Management of Houses Dismantling and Removal of Guangzhou City .Otherwise, any losses incurred in such a case shall be borne by the party (or parties )responsible. Clause 11 In the event that any disputes arise during the course of fulfillment of this contract, the two parties shall try to resolve such disputes through consultations .In case that such consultations of no avail, the parties may adopt the _ th option below (only one option to be chosen ,two options chosen at one time shall be of no effect)in an aim to resolve such disputes: 1) Apply for arbitration to the (name of the arbitration authority); 2) Lodge a lawsuit to the Peoples Court. Within the period of either consultations or lawsuit, neither party shall coerce the other party in any manner. 7 Clause 12 Within the term of lease , all the taxes payable with the house in concern shall be borne by the two parties respectively as agreed. Clause 13 Any matters not covered under this contract may be included under a supplementary agreement signed by and between the two parties under a separate occasion. However , any contents of such a supplementary agreement must go against the related laws and regulations set forth by the State, Province and City .In case any disputes arise between such a supplementary agreement and this contract, while the supplementary agreement has failed to explain clearly in writing upon such disparity ,this contract shall then prevail. The supplementary shall be executed by the two parties and riled with Real Estate Lease Management Authority for registration purpose, and shall then be of equal legal effect with this contract. Clause 14 Once executed by the two parties, this contract shall be effective upon the date of its registration with the Real Estate Lease Management Authority. Clause 15 Within the term of lease, in case of any amendments to or dissolution of this contract and any of its attachments, it is required to go through the relevant formalities for such amendments or dissolution with the competent lease management authority within the following 10 days after such amendments or dissolution. Clause 16 Upon expiration of the term of lease , if the two parties have failed to go through the formalities of cancellation of registration with the original lease management authority ,it shall then be deemed as Party A has had no dissent to Party Bs continued use of the house in continued use of the house in concern ,and the two parties thus renew this lease contract for an undetermined period of time .Within the extended tine of lease. ,Party A and Party B shall still pay the related taxes according to the relevant regulations . Clause 17 This contract is executed in _ counterparts ( copies original and copies duplicate),of which Party A retains originals and duplicate copies while Party B retains originals and duplicate copies .One duplicate copy of this contract shall be submitted for filing with the real estate lease management authority .If the house for lease is used for the purpose of holding those residents whose houses have been dismantled and thus have to move out and are waiting for moving into newly built houses allocated to them ,then it is necessary to submit one duplicate copy of this contract for filing with the property dismantling and residents replacement authority . 8 Clause 18 Other matters agreed by and between the two parties include: _ _ _ Party A: (Official Seal ) Legal Gepresentative: Authorixed Proxy: Addrees:_