上海市房屋租赁合同英文版.pdf

上海市房屋租赁合同英文版上海市房屋租赁合同英文版SHANGHAI PREMISES LEASE CONTRACTSHANGHAI PREMISES LEASE CONTRACTFORMULATED BYFORMULATED BYSHANGHAI MUNICIPAL HOUSING,LAND AND RESOURCES ADMINISTRATIONSHANGHAI MUNICIPAL HOUSING,LAND AND RESOURCES ADMINISTRATIONSHANGHAI ADMINISTRATION FOR INDUSTRY AND COMMERCESHANGHAI ADMINISTRATION FOR INDUSTRY AND COMMERCEPRINTED IN NOVEMBER,2000PRINTED IN NOVEMBER,20002 23 34 4contained therein shall have been fully fulfilled.contained therein shall have been fully fulfilled.V.V.ThisThis ContractContract isis thethe tentativetentative templatetemplate preparedprepared byby ShanghaiShanghai AdministrationAdministration ofof PropertyProperty andandLand Recourses in collaborations with Shanghai Municipal Bureau for Industry and Commerce,Land Recourses in collaborations with Shanghai Municipal Bureau for Industry and Commerce,in accordance with the Regulations of Shanghai Municipal Government on Premises Lease,allin accordance with the Regulations of Shanghai Municipal Government on Premises Lease,alltermsterms andand conditionsconditions containedcontained hereinherein areare onlyonly forfor indicativeindicative purposespurposes toto bebe mutuallymutually agreedagreedbetweenbetween thethe PartiesParties hereto.hereto.AnyAny issuesissues notnot coveredcovered oror defineddefined hereinherein maymay bebe resolvedresolved bybyentering into supplementary provisions by Party A and Party B through amicable negotiations.entering into supplementary provisions by Party A and Party B through amicable negotiations.VI.VI.Prior to execution of this Contract,the lessor is required to present to the prospective lessee itsPrior to execution of this Contract,the lessor is required to present to the prospective lessee itsrealreal estateestate ownershipownership andand landland useuse rightright certificatecertificate oror otherother relatedrelated ownershipownership certificate,certificate,andandappropriate property developer shall show the pre-lessee the pre-sales permit as duly obtained.appropriate property developer shall show the pre-lessee the pre-sales permit as duly obtained.EachEach partyparty toto anan intendedintended leaselease oror preleaseprelease shallshall verifyverify thethe identityidentity certificatecertificate ofof othersothers andanddeliver to others its own identity certificate.Where the intended lessee is an itinerant person fromdeliver to others its own identity certificate.Where the intended lessee is an itinerant person fromoutside Shanghai,the lessor is also required to present the Permit of Premises Leasing securityoutside Shanghai,the lessor is also required to present the Permit of Premises Leasing securityissued by related police authority.issued by related police authority.VII.VII.Related parties concerned shall,within fifteen(15)days upon execution of this Contract,followRelated parties concerned shall,within fifteen(15)days upon execution of this Contract,followrelated formalities of contract registration.Specifically,in the event of premises lease,register,related formalities of contract registration.Specifically,in the event of premises lease,register,andand applyapply forfor thethe certificatecertificate ofof contractcontract registrationregistration withwith thethe locallocal appropriateappropriate realreal estateestateexchange center or farm system duly established at the place where such leased premises areexchange center or farm system duly established at the place where such leased premises arelocated;located;inin thethe eventevent ofof pre-leasepre-lease ofof commercialcommercial housings,housings,thethe pre-leasepre-lease ofof foreign-orientedforeign-orientedcommercial housings shall be registered with Shanghai Municipal Real Estate Exchange Center;commercial housings shall be registered with Shanghai Municipal Real Estate Exchange Center;thethe pre-leasepre-lease ofof local-orientedlocal-oriented commercialcommercial housinghousing shallshall bebe registeredregistered withwith thethe realreal estateestateexchange center duly established at the place where such pre-leased premises is located.exchange center duly established at the place where such pre-leased premises is located.TheThepropertyproperty ownershipownership certificatecertificate willwill bebe grantedgranted if if thethe commercialcommercial housingshousings underunder pre-leasepre-leasemechanism are completed,and the related parties shall register,and apply for the certificate ofmechanism are completed,and the related parties shall register,and apply for the certificate ofcontract registration with the local appropriate real estate exchange center or farm system dulycontract registration with the local appropriate real estate exchange center or farm system dulyestablished at the place where such leased premises are located,upon the execution of handoverestablished at the place where such leased premises are located,upon the execution of handoverletter of commercial housings under pre-lease mechanism.Once duly registering with the aboveletter of commercial housings under pre-lease mechanism.Once duly registering with the above5 5authority,authority,thethe lesseelessee hashas thethe rightright toto claimclaim againstagainst thethe thirdthird partyparty inin relationrelation toto anyany purportedpurportedrepeated pre-leases,transfer or discretional disposal of mortgaged premises during lease period,repeated pre-leases,transfer or discretional disposal of mortgaged premises during lease period,etc.etc.VIII.InVIII.In thethe eventevent oneone partyparty requiresrequires toto registerregister whilewhile thethe otherother refusesrefuses toto renderrender necessarynecessarycoordination,former may go through related formalities for registration by presenting this leasecoordination,former may go through related formalities for registration by presenting this leasecontract,valid identification certificate,as well as other supporting instruments.contract,valid identification certificate,as well as other supporting instruments.IX.The security deposit serves as the safeguard to ensure the due performance of the lease contract.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 depositDuring the course of premises lease,the lessor and the lessee may stipulate the security depositinin thethe leaselease contract,contract,andand thethe specificspecific amountamount shallshall bebe determineddetermined byby bothboth parties.parties.UponUpontermination of the lease,the security deposit,after deducting the relevant costs and expensestermination of the lease,the security deposit,after deducting the relevant costs and expensespayable by lessor as specified in the contract,shall be refunded to the Lessee.payable by lessor as specified in the contract,shall be refunded to the Lessee.X.X.This ContractThis Contract is available from theis available from the ShanghaiShanghai realreal estateestate exchangeexchange centercenter oror farmfarm systemsystem filingfilingoffice or its divisions in its district or,county where the related premises are located.Both partiesoffice or its divisions in its district or,county where the related premises are located.Both partiesare advised to read thoroughly each provision contained herein and make a sound understandingare advised to read thoroughly each provision contained herein and make a sound understandingthereof.thereof.XIXIThis Contract serves only as a Model Text for reference by related parties.This Contract serves only as a Model Text for reference by related parties.XIIXIIWhereWhere thethe leaseholdleasehold hereunderhereunder isis establishedestablished underunder thethe helphelp ofof agencyagency oror brokerage,brokerage,relatedrelatedpartiesparties toto a a leaselease shallshall requirerequire suchsuch brokeragebrokerage oror brokerbroker toto signsign onon thethe lastlast signaturesignature pagepagehereof.hereof.SHANGHAISHANGHAI PREMISES PRE-LEASEPREMISES PRE-LEASE CONTRACTCONTRACT(Contract No.:(Contract No.:)BETWEEN:BETWEEN:6 6Lessor(hereinafter“Party A”):Lessor(hereinafter“Party A”):【For LeaseFor Lease】Lessee(hereinafter“Party B”)Lessee(hereinafter“Party B”)Pre-Pre-lessor(hereinafter“Party A”):lessor(hereinafter“Party A”):【For Pre-LeaseFor Pre-Lease】Pre-lessee(hereinafterPre-lessee(hereinafter“Party B”):“Party B”):THISTHIS CONTRACTCONTRACT isis mademade andand enteredentered intointo byby andand betweenbetween PartyParty A A andand PartyParty B,B,throughthrough mutualmutualfriendly negotiation based on the principles of equality,voluntariness,fairness,as well as good faith,friendly negotiation based on the principles of equality,voluntariness,fairness,as well as good faith,inin respectrespect ofof issuesissues concerningconcerning thethe leaselease byby PartyParty A A toto PartyParty B B ofof thethe(Premises/Commercial(Premises/CommercialHousing)which Party A is entitled toHousing)which Party A is entitled to(lease/pre-lease),in accordance with the Contract(lease/pre-lease),in accordance with the ContractLaw ofLaw ofthe Peoples Republic of China and the Regulation of Shanghai Municipal Government on Premisesthe Peoples Republic of China and the Regulation of Shanghai Municipal Government on PremisesLease(hereinafter“the RegulationLease(hereinafter“the Regulations s”),subject to the terms and conditions as hereof:),subject to the terms and conditions as hereof:I.I.1-11-1Profile of Leased/Pre-leased PremisesProfile of Leased/Pre-leased PremisesThe PremisesThe Premises(For Lease/Pre-lease)by Party A to Party B hereunder is situated at room(For Lease/Pre-lease)by Party A to Party B hereunder is situated at room,floor,floor,(No./building)(No./building)(Lane/New Village)(Lane/New Village)RoadRoad(district/county),(district/county),Shanghai(hereinafter“the Premises”).TheShanghai(hereinafter“the Premises”).The measured building area of such Premises _(For measured building area of such Premises _(ForLease/Pre-lease)Lease/Pre-lease)isissquare meters,and thesquare meters,and the Premises arePremises are allowedallowed forfor,with a type of,with a type ofand structure ofand structure of.The plan or layout of such Premises is as provided in Appendix A attached.The plan or layout of such Premises is as provided in Appendix A attachedhereto.It is acknowledged that Party A has presented to Party B:hereto.It is acknowledged that Party A has presented to Party B:(i)(i)【ForFor LeaseLease】TheThe realreal estateestate ownershipownership andand land-useland-use rightright certificate/housecertificate/houseownership certificate_,numbered asownership certificate_,numbered as(ii)(ii)【For Pre-LeaseFor Pre-Lease】Pre-sale permit,numbered asPre-sale permit,numbered as(Refer to Article 2.1 and Article 2.2 of the Supplemental Provisions for details)(Refer to Article 2.1 and Article 2.2 of the Supplemental Provisions for details)1-21-2The leaseholdThe leasehold isis established between Partyestablished between Party A,A,asas(Real(Real Estate Owner/Administrator/OtherEstate Owner/Administrator/OtherRight Holders under the Applicable Laws),and Party B hereunder.Party A has informed Party BRight Holders under the Applicable Laws),and Party B hereunder.Party A has informed Party Bthat the Premises(have/have not)been mortgaged,prior to the execution of this lease contract.that the Premises(have/have not)been mortgaged,prior to the execution of this lease contract.7 71-31-3Space,Conditions and Requirements for Use of Public or Shared Areas of this Premises:TheSpace,Conditions and Requirements for Use of Public or Shared Areas of this Premises:Theexisting Decoration,ancillary facilities,conditions of equipment,as well as the information andexisting Decoration,ancillary facilities,conditions of equipment,as well as the information andstandards of,the ancillary facilities decorated and added by Partystandards of,the ancillary facilities decorated and added by PartyB B,upon consent of Party,upon consent of Party A A,shall be determined as per Appendix B,attached hereto,respectively.Both Parties agree thatshall be determined as per Appendix B,attached hereto,respectively.Both Parties agree thatthese two Appendices as mentioned above shall be the standards or basis for acceptance of thethese two Appendices as mentioned above shall be the standards or basis for acceptance of thePremises when it is returned by Party B to Party A upon termination hereof and when it is byPremises when it is returned by Party B to Party A upon termination hereof and when it is byPartyParty A A toto PartyParty B B asas ofof thethe effectiveeffective datedate hereof.hereof.(Refer(Refer toto ArticleArticle 2.32.3 ofof thethe SupplementalSupplementalProvisions for details)Provisions for details)II.II.Purposes of LeasePurposes of Lease2-12-1Party B undertakes with Party A that the Premises are leased hereunder to be used asParty B undertakes with Party A that the Premises are leased hereunder to be used as,and,andwillwill complycomply withwith anyany andand allall relatedrelated applicableapplicable provisionsprovisions concerningconcerning thethe premisespremises useuse andandproperty management of the State and Shanghai.property management of the State and Shanghai.2-22-2Party B warrants to PartyParty B warrants to PartyA that during the lease term hereofA that during the lease term hereofno change will be made tono change will be made tothethepurposespurposesmentionedmentioned inin ArticleArticle 2-12-1 aboveabove inin thethe absenceabsence ofof priorprior writtenwritten consentconsent ofof PartyParty A A andandapprovalapproval fromfrom relatedrelated competentcompetent authoritiesauthorities afterafter duedue processprocess ofof examinationexamination inin accordanceaccordance withwithrelated provisions.related provisions.III.III.Handover Date and Lease TermHandover Date and Lease Term3-13-1Both Parties hereto agree that Party A will hand over Party B the said Premises by yyyy/mm/dd.Both Parties hereto agree that Party A will hand over Party B the said Premises by yyyy/mm/dd.【For LeaseFor Lease】The lease term hereof shall commenceThe lease term hereof shall commencefromfromand end onand end on【For Pre-LeaseFor Pre-Lease】TheThe leaselease termterm shallshall commencecommence fromfrom thethe datedate whenwhen thethe Pre-leasedPre-leased CommercialCommercial HousingHousingHandoverHandover LetterLetter isis signedsigned andand endend onon thethe datedate ofof _._.(Refer(Refer toto ArticleArticle 3 3 ofof thetheSupplemental Provisions for details)Supplemental Provisions for details)3-23-2Upon expiry of the agreed to lease term,Party A shall have the right to recover the PremisesUpon expiry of the agreed to lease term,Party A shall have the right to recover the Premisesleased hereunder,and Party B is required to return the same as scheduled.Party B shall deliverleased hereunder,and Party B is required to return the same as schedul