[2011]X房租合字第01号

武警部队房地产租赁合同

中国人民武装警察部队基建营房部监制

武警部队房地产租赁合同

出租方（甲方）：XX市消防支队

承租方（乙方）：XXX

根据《中华人民共和国合同法》、《中华人民共和国城市房地产管理法》和《关于武警部队贯彻落实四总部对外有偿服务政策规定的意见》及有关法律、法规，为保障租赁双方的合法权益，在平等自愿的基础上，经甲乙双方协商一致，签订本合同。

第一条 甲方自愿将坐落在 XX 省（自治区）XX 市（县） XX （镇、乡） XX 路（街、村） X号（ 字第 号坐落）的房屋建筑面积 平方米，场地面积 X 平方米，出租给乙方使用。乙方已对甲方所要出租的房地产做了充分了解，愿意承租该房地产。

第二条 租赁用途为 。

第三条 租凭期限自 XX 年 X 月 X 日起至 XX 年 X 月 X 日止。

第四条 房地产年租金（不含水、电、暖、煤气、设备等费用）为人民币（大写） XXXXXX。其中，房屋租金按建筑面积计算，每平方米每年租金为人民币（大

写） ；场地租金按地皮面积计算，每平方米每月租金为人民币（大写） 元。

租金按 年 （月、季、半年、年）结算或者 ，乙方于签订之日后十日内交付甲方。付款方式： 现金 。

第五条 租赁期内的水、电、暖、煤气、设备、物业管理、 等费用按当地主管部门规定的价格另行计量计价，由乙方承担。其费用按 实 结算，乙方于每 月 的前 五 日内向甲方或者 交纳。

第六条 自本合同签订后十日内，乙方按年租金额的百分之 向甲方支付房地产租赁保证金人民币（大写） 元。甲方收取房地产租赁保证金后向乙方开具凭证。

乙方履行合同约定义务的，甲方应在租赁期满时将房地产租赁保证金无息退还给乙方；乙方未履行合同约定义务的，甲方不退还房地产租赁保证金；甲方未履行合同约定的，应当退还房地产租赁保证金，并加付银行同期存款利息。

第七条 租赁期内，甲方应当履行下列义务：

（一）保证出租房地产符合武警部队房地产租赁条件，权属清楚，没有纠纷，发生权属纠纷，负责处理；

（二）保证出租给乙方使用的房地产，按照《关于武警

部队贯彻落实四总部对外有偿服务政策规定的意见》所规定的审批权限，业经武警部队审批机关批准出租；

（三）负责向武警部队基建营房部门办理租赁合同审核手续，申领《武警部队房地产租赁许可证》。

第八条 租赁期内，乙方应当履行下列义务：

（一）负责所承租的房地产及附属设施设备的看管维护，因管理使用不当或者其他人为原因造成房屋或设施设备损坏丢失的，必须予以修复或者按评估价值赔偿；

（二）负责所承租的房地产的环境卫生、安全、防火以及住用人员登记管理、计划生育等工作；

（三）不得对所承租的房屋进行影响使用安全的改造、装修或者增扩设备，在不影响使用安全的前提下，确实需要进行改造、装修或者增扩设备，必须征得甲方书面同意，费用自理，权属归甲方所有，租凭期满后或者解除合同时，应当无偿移交给甲方；

（四）不得在承租的场地上新建和添建各种永久性建筑物、构筑物，确实需要新建和添建临时性建筑物、构筑物，必须向甲方提供建设方案：征得甲方书面同意，费用自理，权属归甲方所有，租赁期满后或者解除合同时，应当完好无损地无偿移交给甲方；

（五）不得擅自将所承租的房地产分租、转借、转租给他人使用或与他人互换使用，确实需要转租的，应当在不违

背甲乙双方原约定的权利和义务的前提下，签订转租合同，并经武警部队基建营房部门审核同意，但不得以所承租的房地产作抵押或者入股联营；

（六）不得擅自改变租赁用途，不得利用所承租的房地产从事黄、赌、毒以及走私、贩私、制假、售假等违法活动，不得生产加工和存放易燃易爆物品，不得在所承租的房屋和场地上存放、生产、销售对周边环境和房地产及其附属设施设备有腐蚀、污染和破坏的有害物品，生产经营必须符合城市管理及市容环保要求；

（七）承担租赁期内与甲方出租房地产权属无关的各种纠纷处理；

（八）必须在租赁期满时将所承租的房地产及按本合同约定权属归甲方的全部财产完好无损地无条件交还甲方，需要继续承租该房地产的，应当在租赁期满前三个月提出，经甲方同意，重新签订租赁合同，办理有关报批手续；

（九）自觉遵守国家、军队和武警部队的有关规定，服从甲方的管理，接受甲方和当地人民政府有关部门的监督检查。

第九条 合同的解除与终止：

（一）甲方因军事及地方城市规划建设需要提前终止合同的，必须经武警部队基建营房部门核实并出具书面意见，乙方应当自接到甲方通知之日起一个月内无条件的将所承

租的房地产及按本合同综合权属归甲方的全部财产交还甲方，甲方按乙方实际使用时间计收租金，无息退还房地产租赁保证金，其他互不补偿；

（二）甲方因非军事需要提前终止合同的，应当提前三

个月通知乙方，乙方应当及时将所承租的房地产及按本合同约定权属归甲方的全部财产交还给甲方，甲方按乙方实际使用时间计收租金，并补偿两个月租金给乙方作为搬迁费用，并加付银行同期存款利息退还房地产租赁保证金；

（三）乙方确因需要提前终止合同的，应当提前三个月

通知甲方，将所承租的房地产及按本合同约定权属归甲方的全部财产完好无损地无条件交还甲方，并补偿甲方两个月的租金，甲方不退还乙方房地产租赁保证金；

（四）因不可抗力原因（含政府行为，国家、军队和武

警部队政策法规重大调整等）造成合同无法履行的，甲乙双方均不承担责任；

（五）租赁期满，合同终止。

第十条 甲方违约责任：

甲方有违反本合同第七条约定行为的，乙方有权解除合

同，同时，甲方应当向乙方支付人民币（大写） 壹万元整 作为违约金。

第十一条 乙方违约责任：

（一）乙方有违反本合同第八条约定行为的，甲方有权

解除合同，同时，乙方应当向甲方支付人民币（大写） 壹万元整作为违约金。

（二）乙方逾期交付房地产租金及有关费用，每逾期一日，甲方按滞交经费总额的千分之三向乙方加收违约金；逾期30日，甲方有权解除本合同并收回按本合同约定属于甲方的全部财产，同时停止向乙方供水供电，属于乙方的财产在没有结清租金和其它费用之前，乙方不得搬走；逾期60日，甲方可将乙方财产收归甲方所有，以抵扣所欠经费，乙方不得有异议；若抵扣不足，乙方应当补足。

第十二条 甲乙双方在本合同履行中发生争议，应当及时协商解决；协商不成时，双方可向当地仲裁机构申请仲裁或者向人民法院起诉。

第十三条 本合同（含补充协议）经双方签字盖章业经武警部队基建营房部门审查批准并加盖合同审核专用章后生效。

第十四条 乙方应当在合同生产后一个月内向地方有关部门办理房地产备案及其他有关手续，并承担相关费用。

第十五条 本合同未尽事项，由甲乙双方另行议定，并可增订附加条款，或者签订补充协议。

第十六条 本合同一式 叁 份，武警部队基建营房部门执 壹 份，甲方执 壹 份，乙方执 壹 份，具有同等的法律效力。

第十七条 双方承认的附加条款如下：

甲方（盖章） 乙方（盖章）

法定代表人： 法定代表人：

地址： 地 址：

联系电话： 联系电话：

邮政编码： 邮政编码：

委托代理人： 委托代理人：

年 月 日 年 月 日

武警部队基建营房部门意见：

年 月 日

 

第二篇：《房地产租赁合同》英文版

Guangzhou City

Property Lease Contract

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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.

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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 & free will, Party. A and Party B hereby conclude the present contract through negotiations and are both willing to accept the supervision and management conducted by the local real estate management authority.

Clause 1

Party A agrees to lease out the property' located at ______ Area No. _____, _________ Street (or Lane), ________District to Party. B for the purpose of__________ (filled in line with the nature of utilization of the same property), covering a building area of _________ square meters, with an additional portion of shared public area of_________ square meters together with a remaining land area totaling__________ square meters.

Clause 2

The term of lease and rentals agreed by the two parties are as follows:

Monthly Rental (Currency: ) Term of Lease In lowercase letters In uppercase letters

From to

From to

From to

From to

From to

From to

From to

Notes:

1. The maximum term of lease shall be 20 years.

2. The rental of property, for residential purpose shall follow the lease policies set forth by the

State and the People's Government of the local city where the property lies in. If the property is leased for production or operations proposes, the rental shall then be negotiated by and between the lessor and the lessee.

3. If you can not furnish all the necessary information within the above form, then you may

complete the provision of the entire information on additional papers but in the same format as that of file above from.

4. If your information does not occupy the whole space in the above form, then you have to

specify "N/A" in those unused space in the above form.

The rentals shall be settled on a ___ (monthly, quarterly or yearly) basis, and must be paid by Party

B by the______(th) day of each ______(month, quarter or year) by the means of _______(terms of payment).

3

If the property for lease is governed under the welfare rental policy of the State, in case of any change of the existing rental standards, house structure or decoration conditions, the rental of the property in concern shall then be adjusted in line with the standards set forth by the competent authority of real estate of Guangzhou City; 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 A's 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 B's 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 4

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 & repairing those damaged

parts .In case any personal injury or loss of assets occurs on any third party due to Party B’s fault

which has led to delay of repair of the damaged parts of the house or in-house equipment ,

Party B shall be liable for compensations . In case any damage on the house is incurred due to

improper use of the house or as a result of any man-made reason, Party B shall be responsible

for making renovation or compensations accordingly.

Party B shall be responsible for such other repair and maintenance responsibilities as:

______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

6) In case that Party B needs to install or utilize in its leased house any water or power consumption equipment with a capacity exceeding that of the water or watt-hour meter, Party B must then

acquire the consent of Party A in advance; 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 A’s 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.

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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 amount of the rentals during Party B’s 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 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 (name of the arbitration authority);

2) Lodge a lawsuit to the People’s Court.

Within the period of either consultations or lawsuit, neither party shall coerce the other party in

any manner.

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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 B’s 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

original This contract is executed in _______ counterparts 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 .

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Clause 18

Other matters agreed by and between the two parties include:

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Authorixed Addrees:__________________________________

Authorized Addrees:__________________________________

Date of Year

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Attachment I

House Profile Report Form

________Date _________Month _________Year Location Land Section No.

Property Owner Property Right

Certificate No.

Building Area Land-use Area

Purpose of Use Structure and

Number of Storeys

Border Lines East South West North

Attached Plan:

Party A (Official Seal):________________

Party B (Official Seal):________________

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Attachment II

A List of Relatives of Party B

No Name Gender Relation to Party BI.D.Card No.Signature of Party A

(The above form shall be filled in when leasing a residential property).

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Property Lease Registration Certificate

This is certify that the lease contract upon the property located at _____________Area No. __________,________Street (or Lane),______________District signed by the legal representative(authorized proxy) of Party A and legal representative (authorized proxy) of Party B has already gone through our examination and been found to meet the related stipulated, and hereby is allowed to be registered.

Property Lease Management Authority Registered by:____________________ Date of Registration:_______________

Records of Payment for Charges on Registration of Property Lease Contracts

No. 1 2 3 4 5 6 7 8 9 10

Deadline on Payment By ____date ____month ___Year By ____date ____month ___Year By ____date ____month ___Year By ____date ____month ___Year By ____date ____month ___Year By ____date ____month ___Year By ____date ____month ___Year By ____date ____month ___Year By ____date ____month ___Year By ____date ____month ___Year

Amount

Actually Paid on

Payee

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