上海市房屋租赁合同英文版.docx

1、上海市房屋租赁合同英文版SHANGHAI PREMISES LEASE CONTRACTFORMULATED BYSHANGHAI MUNICIPAL HOUSING, LAND AND RESOURCES ADMINISTRATIONSHANGHAI ADMINISTRATION FOR INDUSTRY AND COMMERCEPRINTED IN NOVEMBER, 2000SPECIAL NOTESI. This Contract applies to the pre-lease of commercial housing situated within the administrat

2、ive jurisdiction of Shanghai, as well as the lease of premises whose rent is determined by the related parties through negotiations according to reasonable market principles, exclusive of the lease of any publicly-owned residence premises at the rent ratio specified by Shanghai Municipal Government,

3、 of the public non-residence premises administratively allocated and invested by Shanghai Municipal Government, and of the private premises leased at the rent ratio specified by Shanghai Municipal Government prior to the implementation of the Regulations of Shanghai Municipal government on Premises

4、Lease(hereinafter “the Regulations”).II. The pre-lease hereunder is only restricted to such commercial housings as built by related real estate developers who has obtained the pre-sale permit, except for any commercial housing which has been pre-sold by related real estate developers; and no pre-lea

5、se may be made by any pre-buyer of commercial housing. III.Both the terms 【For Lease】 and 【For Pre-Lease】mentioned herein are for indicative purposes, denoting that related provisions or clauses marked with such terms apply to lease or pre-lease, as indicated respectively. When this Contract is used

6、 as a premises lease agreement, only those provisions marked with the word 【Lease】 will be included and adopted as integral part of such lease agreement; likewise, when used as a commercial housing pre-lease contract, only those provisions marked with the【Pre-lease】,as well as the provisions entitle

7、d “Pre-lease Related Issues” as set out in the Supplemental Provisions, and other provisions not marked 【】 may be included as the general terms and conditions, regardless of pre-lease or lease. IV.IV. In case this Contract is to be used for intended pre-lease of commercial housing, both parties to s

8、uch pre-lease shall, upon the completion of the commercial housing, enter into the handover letter of commercial housing after related property developer has followed the required initial registration of real estate and acquired the real estate ownership certificate, for that purposes, that contract

9、 shall become the premises lease contract, and the original terms and conditions contained therein shall have been fully fulfilled. V. This Contract is the tentative template prepared by Shanghai Administration of Property and Land Recourses in collaborations with Shanghai Municipal Bureau for Indus

10、try and Commerce, in accordance with the Regulations of Shanghai Municipal Government on Premises Lease, all terms and conditions contained herein are only for indicative purposes to be mutually agreed between the Parties hereto. Any issues not covered or defined herein may be resolved by entering i

11、nto supplementary provisions by Party A and Party B through amicable negotiations.VI. Prior to execution of this Contract, the lessor is required to present to the prospective lessee its real estate ownership and land use right certificate or other related ownership certificate, and appropriate prop

12、erty developer shall show the pre-lessee the pre-sales permit as duly obtained. Each party to an intended lease or prelease shall verify the identity certificate of others and deliver to others its own identity certificate. Where the intended lessee is an itinerant person from outside Shanghai, the

13、lessor is also required to present the Permit of Premises Leasing security issued by related police authority. VII. Related parties concerned shall, within fifteen (15) days upon execution of this Contract, follow related formalities of contract registration. Specifically, in the event of premises l

14、ease, register, and apply for the certificate of contract registration with the local appropriate real estate exchange center or farm system duly established at the place where such leased premises are located; in the event of pre-lease of commercial housings, the pre-lease of foreign-oriented comme

15、rcial housings shall be registered with Shanghai Municipal Real Estate Exchange Center; the pre-lease of local-oriented commercial housing shall be registered with the real estate exchange center duly established at the place where such pre-leased premises is located. The property ownership certific

16、ate will be granted if the commercial housings under pre-lease mechanism are completed, and the related parties shall register, and apply for the certificate of contract registration with the local appropriate real estate exchange center or farm system duly established at the place where such leased

17、 premises are located, upon the execution of handover letter of commercial housings under pre-lease mechanism. Once duly registering with the above authority, the lessee has the right to claim against the third party in relation to any purported repeated pre-leases, transfer or discretional disposal

18、 of mortgaged premises during lease period, etc. VIII. In the event one party requires to register while the other refuses to render necessary coordination, former may go through related formalities for registration by presenting this lease contract, valid identification certificate, as well as othe

19、r supporting instruments. IX. The security deposit serves as the safeguard to ensure the due performance of the lease contract. During the course of premises lease, the lessor and the lessee may stipulate the security deposit in the lease contract, and the specific amount shall be determined by both

20、 parties. Upon termination of the lease, the security deposit, after deducting the relevant costs and expenses payable by lessor as specified in the contract, shall be refunded to the Lessee. X. This Contract is available from the Shanghai real estate exchange center or farm system filing office or

21、its divisions in its district or, county where the related premises are located. Both parties are advised to read thoroughly each provision contained herein and make a sound understanding thereof.XIThis Contract serves only as a Model Text for reference by related parties. XIIWhere the leasehold her

22、eunder is established under the help of agency or brokerage, related parties to a lease shall require such brokerage or broker to sign on the last signature page hereof. SHANGHAI PREMISES PRE-LEASE CONTRACT (Contract No.: ) BETWEEN: Lessor (hereinafter “Party A”):【For Lease】Lessee (hereinafter “Part

23、y B”)Pre-lessor (hereinafter “Party A”):【For Pre-Lease】Pre-lessee (hereinafter “Party B”):THIS CONTRACT is made and entered into by and between Party A and Party B, through mutual friendly negotiation based on the principles of equality, voluntariness, fairness, as well as good faith, in respect of

24、issues concerning the lease by Party A to Party B of the (Premises/Commercial Housing )which Party A is entitled to (lease/pre-lease), in accordance with the Contract Law of the Peoples Republic of China and the Regulation of Shanghai Municipal Government on Premises Lease (hereinafter “the Regulati

25、ons”), subject to the terms and conditions as hereof: I. Profile of Leased/Pre-leased Premises 1-1 The Premises ( For Lease/Pre-lease) by Party A to Party B hereunder is situated at room , floor, (No. /building) (Lane/New Village) Road (district/county), Shanghai (hereinafter “the Premises”). The me

26、asured building area of such Premises _ (For Lease/Pre-lease) is square meters, and the Premises are allowed for , with a type of and structure of . The plan or layout of such Premises is as provided in Appendix A attached hereto. It is acknowledged that Party A has presented to Party B: (i) 【For Le

27、ase】The real estate ownership and land-use right certificate/house ownership certificate_, numbered as (ii) 【For Pre-Lease】Pre-sale permit, numbered as (Refer to Article 2.1 and Article 2.2 of the Supplemental Provisions for details)1-2 The leasehold is established between Party A, as (Real Estate O

28、wner/Administrator/Other Right Holders under the Applicable Laws), and Party B hereunder. Party A has informed Party B that the Premises (have/have not) been mortgaged, prior to the execution of this lease contract. 1-3 Space, Conditions and Requirements for Use of Public or Shared Areas of this Pre

29、mises: The existing Decoration, ancillary facilities, conditions of equipment, as well as the information and standards of, the ancillary facilities decorated and added by Party B, upon consent of Party A, shall be determined as per Appendix B, attached hereto, respectively. Both Parties agree that

30、these two Appendices as mentioned above shall be the standards or basis for acceptance of the Premises when it is returned by Party B to Party A upon termination hereof and when it is by Party A to Party B as of the effective date hereof. (Refer to Article 2.3 of the Supplemental Provisions for deta

31、ils)II. Purposes of Lease 2-1 Party B undertakes with Party A that the Premises are leased hereunder to be used as , and will comply with any and all related applicable provisions concerning the premises use and property management of the State and Shanghai. 2-2 Party B warrants to Party A that duri

32、ng the lease term hereof no change will be made to the purposes mentioned in Article 2-1 above in the absence of prior written consent of Party A and approval from related competent authorities after due process of examination in accordance with related provisions. III. Handover Date and Lease Term 3-1 Both Parties hereto agree that Party A will hand over Party B the said Premises by yyyy/mm/dd.【For Lease】The lease term hereof shall commence from and end on 【 For Pre-Lease】The lease term shall commence from