2022整理-上海市房屋租赁合同英文版.docx

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1、编号：时间：2021年x月x日书山有路勤为径，学海无涯苦作舟页码：第33页 共33页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 si

2、tuated within the administrative 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 S

3、hanghai Municipal Government, 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 Muni

4、cipal government on Premises 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 esta

5、te developers; and no pre-lease 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 respective

6、ly. When this Contract is used 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

7、well as the provisions entitled “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.In case this Contract is to be used for intended pre-lease of commercial

8、housing, both parties to such 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 th

9、at purposes, that contract 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 M

10、unicipal Bureau for Industry 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

11、be resolved by entering into 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 certifica

12、te, and appropriate property 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 fro

13、m outside Shanghai, the 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

14、the event of premises lease, 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

15、 foreign-oriented commercial 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 prop

16、erty ownership certificate 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

17、place where such leased 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 o

18、r discretional disposal 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 certif

19、icate, as well as other 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

20、 be determined by both 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 sy

21、stem filing office or 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. XIIW

22、here the leasehold hereunder 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. SHANGHAIPREMISES PRE-LEASECONTRACT (Contract No.: )BETWEEN: Lessor (hereinafter “Party A”):【For Lease】Lessee

23、 (hereinafter “Party 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 fa

24、ith, in respect of 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 (herein

25、after “the Regulations”), subject to the terms and conditions as hereof: I.Profile of Leased/Pre-leased Premises 1-1The 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 P

26、remises”). The measured 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 Par

27、ty B: (i)【For Lease】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

28、 (Real Estate Owner/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. 1-3Space, Conditions and Requirements for Use of Public or Shared Are

29、as of this Premises: 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 Parti

30、es agree that 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 Provi

31、sions for details)II.Purposes of Lease 2-1Party 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

32、 A that during 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

33、Lease Term 3-1Both 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 the date when the Pre-leased Commercial Housing Handover Letter is signed and

34、 end on the date of _. (Refer to Article 3 of the Supplemental Provisions for details)3-2Upon expiry of the agreed to lease term, Party A shall have the right to recover the Premises leased hereunder, and Party B is required to return the same as scheduled. Party B shall deliver a written notice to

35、Party A requesting renewal of this Contract six (6) months prior to the expiry date, which renewal hereof shall be subject to express consent of Party A. IV. Rent, Terms of Payment and Period4-1 It is agreed by both Parties hereto that the agreed-upon rent for each square meter of building area/per

36、day is Yuan (Currency). 【For Lease】The monthly rent in total is_Yuan (Currency) (In words: THOUSAND _ HUNDRED _ YUAN ONLY). 【For Pre-Lease】The monthly rent shall expressly stipulated by both Parties in the Handover Letter of Commercial Housing as per the actually measured building area space. (Refer

37、 to Article 4.1 of the Supplemental Provisions for details)The aforesaid rate of rent remains unchanged for a period of (Year/Month), which may be subject to adjustment from time to time by both parties hereto from (year/Month) through mutual friendly negotiation, matters concerning such adjustment

38、to be contracted between both parties in the Supplemental Provisions hereto. 4.2 The said rent shall be payable by Party B to Party A prior to the day of each month. Party B is obliged to pay a penalty to Party A at the rate of % of unpaid rent for each delayed day. (Refer to Article 4.1 and Article

39、 14.2 of the Supplemental Provisions for details)4-3 The rent shall be paid by Party B according to the following payment schedules: (Refer to Article 4.1 of the Supplemental Provisions for details)V.Cash Deposit and Other Fees5-1 Both Parties hereto acknowledge that upon handover by Party A to Part

40、y B of the Premises, Party B shall pay to Party A security deposit in the sum of rent for months, i.e. Yuan (RMB). Upon receiving the said security deposit, Party A shall issue to Party B a receipt thereof. Upon termination or expiration of this Contract, the security deposit, as paid by Party B her

41、eunder, after deducting related fees which are to be paid by Party B as stipulated herein, shall be refunded to Party B without interest (if any amount remaining). (Refer to Article 5 of the Supplemental Provisions for details)5-2 Any and all fees and expenses incurred during the lease term, in resp

42、ect of the water, electricity, gas, communications, equipment, property management, and other related fees or expenses shall be borne by (Party A/Party B). All other fees and expenses shall be borne by (Party A/Party B). (Refer to Article 4.2 and Article 4.3 of the Supplemental Provisions for detail

43、s)5-3 The means for calculating or apportioning the aforesaid fees and expenses to be paid by (Party A/Party B ), the terms as well as time of payment thereof shall be as follows: (Refer to Article 4.2 and Article 4.3 of the Supplemental Provisions for details)VI.Requirements for Use of Premises and

44、 Maintenance Liabilities6-1 During the lease term hereof, Party B shall promptly inform Party A to repair or make good any damage or failure occurred to the Premises or its ancillary facilities whenever such damage or failure comes to his attention; Party A shall, within fifteen (15) days upon recei

45、pt of such notice from Party B, make appropriate correction or repair, otherwise, Party B may make such necessary repair at the cost of Party A.6-2 During the lease term, Party B shall reasonably use and take proper care of the Premises and its ancillary facilities. Party B shall be held liable for

46、making proper repair or correction of any damage or failure to the Premises or its ancillary facilities as result of misuse or unreasonable use by Party B. In case Party B refuses to make proper repair upon request from Party A, Party A may make such repair at the cost of Party B. 6-3 Party A warran

47、ts that the Premises and its ancillary facilities are in good condition and safe manner, suitable for use, during the lease term. Party A shall notify Party B of any planned inspection and/or maintenance on the Premises three (3) days in advance, in this case, Party B shall provide reasonable and ne

48、cessary cooperation for that purpose, provided, however Party A is required to minimize to the possible extent the impact on the use by Party B of this Premises, caused by such inspection and/or maintenance. (Refer to Article 7 of the Supplemental Provisions for details)6-4 Except for Appendix hereto, any intended Decoration or addition of ancillary facilities and equipments by Party B shall be subject to prior written consents of Par