上海市房屋租赁合同英文版

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1、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 situated within the administrative jurisdict

2、ion 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 oflease of any publicly-owned residence premises at the rent ratio specified by Shanghai Municipal Government, of the public non

3、-residence premises administrativelocated 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 Municipal government on Premises Lease(hereinafter “the

4、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 estate developers; and no pre-lease may be made by any p

5、re-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 respectively. Whis Contract is used as a premises lease agreem

6、ent, 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 well as the provisions entitled “Pre-lease Related Issues

7、” 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 housing, both parties to such pre-lease shall, upon the c

8、ompletion of the commercial housing, enter into the handover letter of commercial housing after related property developer has followed the required initial registrationeal estate and acquired the real estate ownership certificate, for that purposes, that contract shall become the premises lcontract

9、, 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 Municipal Bureau for Industry and Commerce, in accordance with the R

10、egulations of Shanghai Municipal Government on Premises Lease, all terms and conditions contaierein are only for indicative purposes to be mutually agreed between the Parties hereto. Any issues not covered or defined herein may be resolved by entering into supplementary provisions by Party A and Par

11、ty 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 certificate, and appropriate property developer shall show the pre-lessee the ale

12、s permit as duly obtained. Each party to an intended lease or prelease shall verify the identity certificate of others aniver to others its own identity certificate. Where the intended lessee is an itinerant person from outside Shanghai, the lessor is also required to present the Permit of Premises

13、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 the event omises lease, register, and apply for the certificate of contract regist

14、ration with the local appropriate real estate exchange centefarm 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 foreign-oriented commercial housings shall be registered with Shanghai Municipal Real Estat

15、e 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 property ownership certificate will be granted if the commercial housings under pre-lease mechan

16、ism 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 place where such leased premises are located, upon the execution of handover letter of comme

17、rcial 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 or discretional disposal of mortgaged premises during lease period, etc. VIII.In the event on

18、e 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 certificate, as well as other supporting instruments. IX. The security deposit serves as the safeg

19、uard 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 be deter by both parties. Upon termination of the lease, the security deposit, after deduct

20、ing the relevant costs and expenses payable by lessor as specified in the contract, shall be refundedhe Lessee. X. This Contract is available from the Shanghai real estate exchange center or farm system filing office or its divisions in its district or, county where the related premises are located.

21、 Both parties are advised to read thoroughly each provision contained n and make a sound understanding thereof.XIThis Contract serves only as a Model Text for reference by related parties. XIIWhere the leasehold hereundeestablished under the help of agency or brok, related parties to a lease shall r

22、equire such brokerage or broker to sign on the last signature pageof. SHANGHAIPREMISES PRE-LEASECONTRACT (Contract No.: )BETWEEN: Lessor (hereinafter “Party A”):【For Lease】Lessee (hereinafter “Party B”)Pre-lessor (hereinafter “Party A”):【For Pre-Lease】Pre-lessee (hereinafter “Party B”):THIS CONTRACT

23、 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 faith, in respect of issues concerning the lease by Party A to Party B of the (Premises/Commercial Housing )which Party A is

24、tled 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 (hereinafter “the Regulations”), subject to the terms and conditions as hereof: I.Profile of Leased/Pre-leased Premises 1-1The Premise

25、s ( For Lease/Pre-lease) bty A to Party B hereunder is situated at room , floor, (No. /building) /New Village) Road (district/county), Sha (hereinafter “the Premises”). The measured building area of such Premises _ (For Lease/Pre-lease) is square meters, and the Premises are allowed for , with a typ

26、e of and structure of . The plan or layout of such ses is as provided in Appendix A attached hereto. It is acknowledged that Party A has presented to Party B: (i)【For Lease】The real estate ownership and land-use right certificate/house ownership certificate_, numbered as (ii)【For Pre-Lease】Pre-sale

27、permit, numbered as (Refer to Article 2.1Article 2.2 of the Supplemental Provisions for details)1-2 The leasehold is established between Party A, as (Real Estate Owner/Administrator/Other Right Holders under the Applicable Laws), and Party B hereunder. Party A has informed Party B that the Premises

28、(have/have not) been mortgaged, prior to the execution of this lease contract. 1-3Space, Conditions and Requirements for Use of Public or Shared Areas of this Premises: The existing Decoration, ancillary facilities, conditions of equipment, as well as the information and standards of, the ancillary

29、facilities decorated and added by Party B, upon consent of Party A, shall be determined as per Appendix B, attached hereto, respectively. Both Parties agree that these two Appendices as mentioned above shall be the standards or basis for acceptancehe Premises when it is returned by Party B to Party

30、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 Provisions 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

31、 all related applicable provisions concerning the premises use and property management of the State and Shanghai. 2-2 Party B nts to Party A that during the lease term hereof no change will be made to the purposes mentioned in Articleabove in the absence of prior written consent of Party A and appro

32、val from related competent authorities after due process of exaion in accordance with related provisions. III.Handover Date and Term 3-1Both Parties hereto agrat 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-L

33、ease】The lease term shall commence from the date when the Pre-leased Commercial Housing Handover Letter is signed and 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 to recover the Premises leased

34、 hereunder, and Party B is required to return the same as scheduled. B shall deliver a written notice to Party A requesting renewal of this Contract six (6) months prior to the expiry date, which rl hereof shall be subject to express consent of Party A. IV. Rent, Terms of Payment and Period4-1 It is

35、 agreed by both Parties o that the agreed-upon rent for each square meter of building area/per 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

36、 Handover Letter of Commercial Housing as per the actually measured building area space. (Refer 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 he

37、reto from (year/Month) through mutual friendly negotiation, matters concerning such adjustment to btracted 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

38、 A at the rate of % of unpaid rent for each delayed day. (Refer to Article 4.1 and Article 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 Depos

39、it and Other Fees5-1 Both Parties hereto acknowledge that upon handover by Party A to Party 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. Upo

40、n termination or expiration of this Contract, the security deposit, as paid by Party B hereunder, 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 Provis

41、ions for details)5-2 Any and all fees and expenses incurred during the lease term, in respect 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

42、/Party B). (RefeArticle 4.2 and Article 4.3 of the Supplemental Provisions for details)5-3 The means for calculating or apportioning the aforesaid fed expenses to be paid by (Party A/Party B ), the terms as well as ti payment thereof shall be as follows: (Refer to Article 4.2 and Article 4.3 of the

43、Supplemental Provisions for details)VI.Requirements for Use of Premises and 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 facilitienever such damage or failure come

44、s to his attention; Party A shall, within fifteen (15) days upon receipt 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 Pr

45、emises and its ancillary fties. Party B shall be held liable for making proper repr 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

46、 make such repair at the cost of Party B. 6-3 Party A warrants 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 ad

47、vance, in this case, Party B shall provide reasonable and necessary 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 Suppl

48、emental 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 Party A and required approvals, for which (Party A /Party B entrusted by Party A )shall apply, from appro

49、priate competent authorities in accordance with applicable provisions, if such approval is required by applicable laws as necessary for such intended Decoration and addition of ancillary facilities and equipments. The ownership of such Decoration and addition of ancillary facilities and equipments,

50、made by Party B, as well as maintenance responsibilities therefore shall be agreed by both Party A and Party B separately in writing. (Refer to Article 6 and Article 7 of the Supplemental Provisions for details)VII.Conditions of Premises at the Time of Return7-1 Unless Party A consents Party B to re

51、new this Contract, Party B shall return the Premises n _ day(s) upon expiration of the lease term. If Party B delays to return the Premises without consent of Party A, for each delayed day, Party B shall pay to Party A an occonal fee at (_ currency) _ /m2 (equal to two times of the daily rent) durin

52、g the period when the Premises are occupied by Party B. (Refer to Article 8 of the Supplemental Provisions for details)7-2 The Premises returned by Party B shall be in the condition or state left after a period of normal use. The intended return of the Premises shall be subject to due inspection and

53、 acceptance of Party A, in the event of acceptance by Party A of intended return, each party shall pay up any and all amounts that should be charged to his account. VIII.Sublease, Assignment and Exchange 8-1 Except as Party A hasented Party B to sublease the Premises as provided for in the Supplemen

54、tal Provisions hereto, Party B, during the entire lease term hereof, may not sublease the Premises in whole or in part to any third party without a prior written consent of Party A, provided, however, Party B shall not sublease the internally-divided Premises to more than one sublessees. (Refer to A

55、rticle 9 of the Supplemental Provisions for details)8-2 For any intended sublease of the Premises, a sublease contract shall be concluded between Party B and related sub-lessee in writing, and the sublease contract is required to be registered with the Real Estate Exchange Center or Farm System Fili

56、ng Office established at the place where such Premises are located. (Refer to Article 9 of the Supplemental Provisions for ds)8-3 During the lease term hereof, any assignment intended by Party B of the leasehold of the Premises to any third party, or any exchange of the Premises hereunder with any t

57、hird party shall be subject to a prior written consent of Party A. Upon completion of such assignment or exchange, the assignee or the person with whom Party B exchanges premises shall enter into a novation agreement with Party A, and to perform the terms and conditions contained herein. (Refer to A

58、rticle 9 of the Supplemental Provisions for details)8-4 If Party A intends to sell the ses during the lease term, it shall send a three-month notice to Party B. Party B shall have the right of first refusal to purchase the Premises under equal terms and conditions. (Refer to Article 11.8 of the Supp

59、lemental Provisions for details)IX.Conditions for Termination of this Contract 9-1 Party A and Party B agree that during the lease term hereof, this contract shall be terminated under any of the following circumstances without any liabilities imposed on either party hereto: (i)The right to use the l

60、and which is totally or partly occupied by the Premises is revoked in accordance with applicable laws; (ii)The Premises are confiscated in accordance with applicable laws for socialic interest; (iii) The Premises are to be dismantled and relocated according to law for the needs of urban construction

61、;(iv) The Premises are damaged, destroyed or assessed as dangerous properties; (v) Party B was informed of any and all mortgage over the Premises prior to such lease, which is exercised now by the concerned parties;(vi) (Refer to Article 13 of the Supplemental Provisions for details)9-2 It is agreed

62、 that under any of the following circumstances either party may notify the other in writing to terminate this Contract. Eithety in breach of this contract shall pay appropriate penalty in the sum of times of one monthly rent; In case such penalty is insufficient to cover the loss incurred by the oth

63、er party as a result of such breach, the default party shall pay the difference. (i) Party A fails to hand over the Premises as scheduled and the failure continues for a period of days upon the request of Party B; (ii)The Premises handed over by Party A is inconsistent with stipulations contained he

64、rein, thus frustrating the lease purposes; or the Premises handed over by Party A is defective, threatening the safety of Party B; (iii)Party B changes the purposes of the Premises without prior written consent from Part A, thus causing any damage to the Premises; (iv)The main body of the Premises is damage