Abstract: The following is a model of lease contract.
(Note: If you are interested in this detail, please contact me or e-mail to sdhmyan@hotmail.com)
房地产(非住宅)租赁合同
Shunde Real Estate (non-residential) Lease Contract
出租人(以下简称“甲方”):
Landlord ( hereafter as “Party A”):
承租人(以下简称“乙方”):
Tenant ( hereafter as “Party B”):
甲乙双方协商,遵守国家、省、市有关法律、法规及房地产管理的各项规定,接受当地房地产管理机关的监督、管理。同意就下列房地产租赁事项订立本合同,共同遵守。
Party A and Party B agree to follow all the laws, regulation and property management of the country, the state and the city; accept the supervision and the management of the property management authorities; and agree to follow clauses regarding this Lease Contract.
一、甲方同意将座落在 的房屋(连同土地,下同)出租给乙方作非住宅使用。房屋建设面积 (最终以测量面积为准)。该房屋的基本情况已载于合同附件一。乙方愿意承租。
Party A agrees to rent the premises (including the land, similarly hereinafter) located at to Party B for non-residential use. The area of this premises is subject to a survey confirmation. The information of the premises is attached in Attachment I. Party B agrees to rent this premises.
二、甲乙双方议定上述房屋租赁期限自 日起或双方协定的其它较早日期起计算;共计 月。
月租金 。
租金按 结算,由乙方在每 的第 日或以前缴付本期租金给甲方。
付款方式: 。Party A and Party B agree the rental period is commencing from or such earlier date as may be agreed between the parties and for a period of
months.
The monthly rental is .
The monthly rental payment should be settled to Party A by on or before .
三、乙方在租赁期开始前须向甲方交纳 的保证金,甲方应在租赁期满或解除合同之日将保证金退回乙方或抵偿租金。
Party B shall pay Paty A as rental deposit before the commencement date of the rental period. Party A shall either use rental deposit to compensate for the rental or refund the rental deposit without interest to Party B at the end of this Lease Contract or on the day when this Lease Contract is terminated.
四、在租赁期间,甲方负责承担下列责任:
During the lease period, Party A shall be responsible for the following:
(一) 有权将房屋出租于乙方,并依合同将房屋及设备交付乙方使用。(设备情况见附件二)。
Party A shall have the rights to lease the premises to Party B and grant the right to Party B to use the facilities and the premises subject to the Contract. (The information of facilities is attached n Attachment II)
(二)负责对房屋定期安全检查,在乙方告知后于合理时间内对房屋进行维修,承担除乙方应负担房屋维修费以外的其它维修费用,包括维修房屋结构性安全总是所产生的费用,因甲方维修责任而延误房屋维修造成他人人身伤害、财产损失的,应负责赔偿。
Party A shall check the premises periodically, and when advised by Party B, repair the premises within a reasonable period of time, and bear the maintenance cost other than those maintenance cost of the premises born by Party B, including the costs incurred as a result of repairing the structural problems of the premises; Party A shall be responsible for compensation for injury and loss as a result of the delayed maintenance of the premises due to maintenance obligation of Party A.
(三)转让房屋时,须提前一个月书面通知乙方,甲方应保证受让人履行本租赁合同所定的甲方的责任。
Party A shall inform Party B in writing one month in advance if Party A assigns the premises to other parties, and Party A shall guarantee the performance of the obligation of Party A under this Lease Contract by the assignee.
(四)租赁期内,甲方须提前解除合同的,应事前征得乙方同意。
Party A shall get the consent in advance from Party B if Party A wish to terminate the lease before the end of this Lease Contract.
五、在租赁期内,乙方承担下列责任:
During the rental period, Party B shall be responsible for the following:
(一)在承租租房屋内所进行的各项行为,均应遵守国家法律、法规及省、市有关规定。
All the activities of Party B taking place in the premises shall be legal in compliance with the laws and regulations of the country and related regulations of the province and the city.
(二)在承租的房屋进行经营活动,必须符合房地产权证登记的用途。所进行的经营活动按照规定必须经市政府有关部门批准的,应当报请批准。
All the business activities of Party B taking place in the premises shall follow the functions as stipulated in the property ownership certificate. All the engagement of the business which should be permitted shall be under the permission of the authorities concerned of the government in the city.
(三)依合同按时交纳租金,保证不改变房屋用途和闲置承租房屋.
Party B shall pay the rental timely and ensure not to change the use of the premises and let the premises unoccupied.
(四)将房屋转租、转让、分租或者与他人互换房屋使用或者与他人合作、联营经营应事前征得甲方书面同意。
Party B shall obtain Party A’s written approval in advance if Party B rent, assign, sub-lease, exchanger the premises with other parties or cooperate or combine any business with other parties in the premises.
(五) 因使用需要对房屋进行扩、加、改建(含改变间隔)或者室内外装修,须事前取得甲方书面同意,甲方有权委托他人对工程进行监督管理。
If Party B extends, augments, reconstructs or decorates inside or outside the premises when necessary, Party B shall get Party A’s written approval in advance. Party A is lawfully in a position to arrange a third party to supervise the construction progress.
(六)因使用不当或者人为造成房屋损坏的,应负责修复或者赔偿。
Party B shall be responsible for renovation or compensation for the damage caused by its improper usage of the property or man-made activities.
(七)负责对下列项目房屋维修费用:
Party B shall pay the following maintenance cost:
1、排水管、而兜、化粪池的建筑。Clear and dredge the drainpipe, toilet and toilet pool.
2、饮用水池清洗及垃圾池清理。
Clear the drinking water pool as well as the rubbish dump.
3、门窗玻璃及小五金的更换,分电表或无分电表的表内电线、电掣、灯头、插座等更换和分水表内水管、笼头更换.
Replacement of glass and hardware parts of windows and doors, replacement of master switch, lamp holder, socket, interior wire etc. of sub-watt-hour meters and watt-hour meters, as well as the replacement of interior water pipe and tap of sub-water meter.
4、室内墙面的批荡和天花等的粉饰。
Interior decoration such as painting the indoor wall and the ceiling;
5、水泵设备的维修和更换。
Repair and replacement of water pump facilities;
本租赁期开始的第一个月内,乙方应告知甲方任何有关上述项目的问题,甲方负责维修.
Within the first month of the commencement of the Lease Contract, Party B shall advise Party A of any problems with the above items, and Party A shall be responsible for their repair.
因乙方维修责任延误房屋维修造成他人人身伤亡、财产损失的,应负责赔偿。乙方在租赁期间,必须以合理防范措施,保持房屋及设备的清洁完好(自然损耗除外)。
Party B shall be responsible for any compensation for injury, death and financial loss arousing from the delayed maintenance of the premises due to maintenance obligation of Party B. During the lease period, Party B shall, with reasonable protection measure, keep the premise clean, tidy and in good condition (except for normal wear and tear).
6、协助甲方检查房屋安全,因不搬迁或者妨碍施工而延误房屋的维修,造成人身伤亡、财产遭受损失的,应负责赔偿。
Party B shall assist Party A in checking the safety of the premises. Party B shall be responsible for any compensation for injury, death and financial loss arousing from the delayed maintenance of the premises due to rejection of moving out of the premises or impedances of the maintenance.
7、乙方在承租的房屋内需要安装或者使用超过水、电表容量的任何水电设备,应事前征得甲方同意,并由乙方负责到有关部门办量增量手续,费用由乙方负担。
Party B shall obtain the Party A’s approval in advance if Party B installs or uses any additional water supply and electricity supply facilities. Party B shall go through the formalities or additional supply of water and electricity in the authorities concerned and be responsible for all the process and installation fees.
8、不得贮存有危险、易燃、违禁物品。
Party B shall not store any dangerous, flammable and illegal materials in the premises.
9、租赁期内,乙方须提前解除合同的,应事前征得甲方同意。
During the rental period, Party B shall obtain Party A’s approval in advance if Party B intends to terminate the lease before the due date.
10、乙方在租赁期届满或者解除合同之日应交还原承租房屋和设备给甲方。
Party B shall return the premises and its facilities to Party A on the day of termination or at the end f the lease.
六、在租赁期内,因房屋危破维修,须乙方临时搬迁时,甲乙双方签订回迁协议,双方不得以任何借口刁难,也不得赂另一方索取任何费用。
During the rental period, a re-occupying agreement shall be signed if Party B temporarily removes to anther premises due to the dangerous damage of the premises. Both parties shall not utilize any excuse to put the other party in a difficult position, and shall not claim for any fees against the other party.
七、租赁期届满或者解除合同的,一切嵌装在房屋结构或者墙体内的设备和装修,乙方一律不得拆走,甲方不予补偿。
At the end of the Lease Contract or when the Contract is terminated, Party B shall not take away any fixture from the premises, and Party A shall not compensate for that.
八、租赁期满或者解除合同之日,双方应共同检查交交接接房屋和设备,如发现有损坏的(自然损耗及于租赁期开始时已由甲乙双方检测为破损的除外),则在乙方保证金中扣除,不足部分,由乙方负责赔偿。
At the end of the Lease Contract or on the day when the Contract is terminated, both Party A and Party B shall be responsible for checking if there is any damage of the premises and facilities. If any damage is found (except damages caused by normal wear and tear and damages identified during an inspection carried out by Party A and Party B on the first day of the rental), it shall be compensated by Party B by deducting such amount from the rental deposit and the balance shall be made up by Party B.
九、如因不可抗力的原因,造成本合同无法履行时,双方互免承担违约责任。
Both Party A and Party B are free from any responsibilities if either Party cannot perform its obligation under this Lease Contract in the event of force majeure.
十、违约责任:
Default responsibilities:
(一)任何一方未能履行本合同规定的条款或者违反国家、省、市房地产租赁管理的法律、法规的规定,另一方有权提前解除本合同。
Either of the two parties who does not manage to fulfill the aforesaid regulations or violate the laws or regulations as stipulated by the country, the province and the city property lease management authority, the other party shall be lawfully in a position to terminate the lease before the end of this Contract.
(二)乙方逾期交付租金,每逾期一日,由甲方按月租金额的 收取违约金。
If Party B fails to pay the rental on time, Party B is obligated to pay of the monthly rental for every day of delay to Party A as penalty.
(三)租赁期内任何一方未征得另一方同意而单方面解除合同的,另一方有权要求赔偿损失,还有权按租赁存续期内租金 收取违约金。
During the lease period, if either Party terminates the Lease Contract without the consent of the other Party, the other Party shall have the right to request for the compensation for the loss as well as of the total rent during the existing Lease Contract as penalty.
(四)租赁期满,甲乙双方未续订合同或者解除合同的,乙方逾期不交出承租房屋的,除限期迁出和补交占用期间租金外,还有权按占用期间月租金 收取违约金。
At the end of the lease period, if Party B does not hand over the premises in time when a renewal lease contract or termination lease contract has not been signed, apart from being responsible for paying the extra rental payment for the period, during which Party B occupied the premise and vacating from the premises within the requested period, Party B shall be also responsible for paying of the total monthly rental payment as penalty for the responsibilities for default.
十一、违约金、赔偿金应在确定责任后 日内付清,否则按逾期付租金的条款处理。
Penalty or compensation for the responsibilities for default should be settled within days after the end of the Lease Contract. Otherwise, a penalty will be undergone in the same way as the overdue of the rental payment.
十二、本合同履行中发生争议,双方应采取协商办法解决,协商不成时,任何一方可向房屋所在地的房屋租赁管理主管部门申请调解,或者依法向有管理权的人民法院起诉。
If there is any dispute during the lease period, both Party A and Party B shall use their best efforts to settle any dispute arising from this Lease Contract through amicable consultation. If both Parties fail in the consultation, either Party can get help from the supervisor of the local property lease management, or from the local court.
十三、上述房屋在租赁期内需要缴纳的税费,由甲乙双方按规定各自承担。
Both Party A and Party B are responsible to pay their tax arising from the above mentioned premises during the lease period respectively in compliance with related regulations.
十四、本合同未尽事项,甲乙双方可另行议定,其补充议定书经双方签章作为本合同附件,与合同具有同等法律效力。
If any clause is not listed out in this Lease Contract, Party A and Party B shall make a supplementary contract. The supplementary contract shall be executed as the attachment of this Lease Contract after being signed by both Parties. The supplementary contract has the equal legal power as this Lease Contract.
十五、本合同经双方签章后生效。
After being signed by both parties, this Contract shall become effective.
十六、本合同一式两份,甲乙双方各执一份。
This Lease Contract is in duplicates, both Party A and Party B holding one.
本合同以中文为正本文字,英文为副本。若中文本与英文本的条款有抵触的,均以中文本为准。
The lease Contract is written in English and Chinese. In case of any discrepancies, the Chinese version prevails.
甲方(签章):
Party A (signature)
法定代表人(签章):
Legal representative (signature)
委托代表人(签章):
Appointee (signature)
联系地址:
Correspondence address
联系电话:
Contact number
乙方(签章):
Party A (signature)
法定代表人(签章):
Legal representative (signature)
委托代表人(签章):
Appointee (signature)
联系地址:
Correspondence address
联系电话:
Contact number
日期:
Date
2008年10月14日星期二
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