What is a housing lease and classification

The concept of housing lease housing lease is an important form of transaction in the real estate market. Housing lease refers to the lessor in the form of oral or subscription situation contract will be delivered to the lessee possession, use and income, the lessee to pay rent to the lessor's behavior. However, the customer rental in the hotel industry and the counter rental in the operation of the housing estate are not part of the scope of housing lease. The Urban Real Estate Management Law stipulates that "housing lease refers to the behavior of a housing owner as a lessor who leases his/her house to a lessee for use and the lessee pays rent to the lessor." The Measures for the Administration of Urban Housing Leasing (Decree No. 42 of the Ministry of Construction) (hereinafter referred to as the Measures for the Administration of Leasing) have refined this concept, stipulating that "the owner of a house who leases his house to the lessee for residence or provides it to others to engage in business activities as well as engages in business activities with others in the form of cooperation shall comply with the present Measures," i.e., these Several behaviors should also be managed in accordance with the housing lease relationship.

The classification of housing rental according to the nature of housing ownership, housing rental is divided into public housing rental and private housing rental trade. The owner of public housing is the state, but in the lease relationship, the state does not appear as a civil law subject, but to take the authorization of the way, by the authorized unit specific management. According to China's current management system, public housing under direct control is generally managed by the real estate administrative departments of the people's governments at all levels, and the real estate administrative departments, as the representatives of the owners of the public housing under direct control, exercise the rights of possession, use, income and disposal in accordance with the law; public housing under self-management is managed by the units authorized by the State. Owners of privately owned housing are individuals who hold a full certificate of ownership of the housing. For the private house owner who holds a *** entitled certificate can only be called *** entitled person, *** entitled person must be agreed by all *** entitled persons before renting out the house.

By the use of the house, the lease is divided into the lease of residential housing and non-residential housing. Among them, the lease of non-residential premises includes the lease of office premises and production and business premises.