Houses belong to real estate in our country, but the property law of our country has strict regulations on the ownership of real estate.
Article 9 of the Property Law of People's Republic of China (PRC) stipulates that the establishment, alteration, transfer and extinction of real property rights shall take effect after being registered according to law; Without registration, it will not take effect, except as otherwise provided by law. Article 14 stipulates that the establishment, alteration, transfer and extinction of the real right of real estate shall take effect when it is recorded in the real estate register.
Article 15 stipulates that a contract on the establishment, alteration, transfer and extinction of the real right of immovable property concluded between the parties shall come into effect upon the establishment of the contract, unless it is otherwise stipulated by law or the contract; Failure to register the real right shall not affect the validity of the contract. From the above provisions of the Property Law, it can be seen that the owner of a house who sells the house to one party has already registered the property right of the real estate, which is commonly called transfer registration.
Then, at this time, the house has been owned by the buyer, and the original owner has no right to rent the house again. The original owner of the house has no right to dispose of the rented house. Article 51 of the Contract Law stipulates that if a person who has no right to dispose of another person's property obtains the right to dispose of it after the obligee ratifies it or the person who has no right to dispose of it enters into a contract, the contract is valid.
If the house owner ratifies the lease contract at this time or gives the original house owner the right to dispose of it, the lease contract is valid; On the other hand, if the lease contract is invalid, the lessee may request to terminate the lease contract and ask the original owner to compensate for the losses, which shall be handled in accordance with the relevant provisions of the contract law.
2. I bought my own house before marriage. How to apply for the real estate license after marriage?
If you buy a house before marriage and go to the real estate registration agency for property registration after marriage, you can refer to the following laws.
Legal basis "Housing Registration Measures"
Twelfth applications for housing registration shall be made jointly by both parties, unless otherwise stipulated in these measures.
In any of the following circumstances, the parties may unilaterally apply for housing registration:
(a) the right to obtain a house because of the legal construction of the house;
(two) the right to housing is obtained by the effective legal documents of the people's court and the Arbitration Commission;
(3) Obtaining the right to housing through inheritance or bequest;
(four) one of the registered items listed in these measures;
(5) Loss of houses;
(six) the obligee gives up the right to housing;
(seven) other circumstances stipulated by laws and regulations.
3. How to handle the house lease certificate?
To apply for a house lease certificate, you need to take the materials to the house lease management section of the local housing management department to go through the relevant procedures.
The handling fee is 0.5‰ of the transaction fee paid by the leased house and the lessee.
1. The documents that need to be provided by both parties are: holding my ID card and a copy, and the lease contract, going to the Housing Leasing Management Section of the local housing management department.
2. The documents that the lessor needs to provide are: ownership certificate (photocopy) or collective land construction land use certificate, temporary construction project planning permit and member house use certificate.
3. If the lessor entrusts others to manage the house, the custodian may apply for the house lease certificate. In addition to the above documents, the custodian shall also submit the entrustment certificate entrusted by the property owner.
4. If the lessee is an overseas person, submit the residence certificate issued by the public security organ; If the lessee is an overseas unit, relevant documents approved by the State Security Bureau shall be submitted. If the lessee is an organ, enterprise, institution or other organization, it shall submit a valid certificate from the relevant unit or organization.
5. The lessor and lessee need to bring relevant certificates before they can get the house lease certificate after registration.
6. The lessor or lessee shall provide the relevant documents of house lease and apply for the house lease contract in the district real estate market where the house is located.
7. The lessor and lessee should fill in the relevant contents of the house lease contract carefully. Fill it out completely and send it to relevant departments. Relevant departments accept and review. After the approval, the rental house and the lessee pay a transaction fee of 0.5‰. At the same time, issue a house lease certificate.
8. After receiving the house lease certificate, take the house lease certificate to the local police station to handle the house lease safety certificate and house lease sign. If the lessee is a foreigner, he must go to the local street police station to apply for a Temporary Residence Permit.
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Fifteenth to apply for housing lease registration, the parties to the housing lease shall submit the following materials:
(1) Housing lease contract;
(two) the identity certificate of the parties to the house lease;
(three) housing ownership certificate or other legal ownership certificate;
(four) other materials stipulated by the people's construction (real estate) department of the city, city and county.
The materials submitted by the parties to the house lease shall be true, lawful and effective, and shall not conceal the real situation or provide false materials.
Sixteenth meet the following conditions, the municipal, city and county people's construction (real estate) departments shall handle the housing lease registration within three working days, and issue the housing lease registration certificate to the leasing parties:
(1) The application materials submitted by the applicant are complete and conform to the legal form;
(2) The lessor is consistent with the subject recorded in the house ownership certificate or other legal ownership certificate;
(three) do not belong to the provisions of article sixth of these measures shall not be leased.
If the application materials submitted by the applicant are incomplete or do not conform to the statutory form, the people's * * * construction (real estate) departments of municipalities directly under the central government, cities and counties shall inform the parties to the house lease of the contents that need to be corrected.
Seventeenth housing lease registration certificate shall specify the name of the lessor, the name of the lessee, the type and number of valid identity documents, the location of the leased house, the purpose of the lease, the amount of rent, the lease term and other contents.
References:
Ministry of Housing and Urban-Rural Development-Measures for the Administration of Commercial Housing Leasing
4. What are the procedures for renting a house?
First of all, the lessor must have the property right and lease certificate of the house. If it is public housing, the lessee must obtain the consent of the property owner (unit, housing management office, etc.). ) just rented it. Otherwise, it is regarded as "public housing and private rent", which is also the focus of Beijing's recent clean-up and rectification of the rental market. ..
Second, related procedures. The lessor shall apply to the real estate management department for lease filing with the property ownership certificate, property right certificate, ID card, lease contract and other related materials, and obtain the house lease certificate, and shall go to the local police station with the house lease certificate to handle the house lease safety certificate and rental house sign. If the lessee is a foreigner, he must go to the local street police station to apply for the Beijing Temporary Residence Permit. ..
3. Relevant taxes and fees.
1. Property tax.
2. Urban land use tax.
(If the above two taxes are filed by the housing management department and the prescribed rent standard is implemented, they may be temporarily exempted from payment. )
3. Business tax.
Pay 5% of the rental income. The monthly rental income of individual rental houses below 800 yuan shall be exempted.
4. Urban maintenance and construction tax.
Taxpayers located in Dongcheng, Xicheng, Chongwen and Xuanwu, as well as sub-district offices in Chaoyang, Haidian, Fengtai, Shijingshan, Mentougou and Yanshan, are subject to business tax at the rate of 7%. Taxpayers in suburban counties and towns are taxed at 5% of the business tax, and the tax rate in other areas is 1%.
5. Education surcharge.
3% business tax.
6. Stamp duty. Apply decals at one thousandth of the rent.
7. Personal income tax.
Personal rental housing, the monthly rental income is less than 4000 yuan, should be based on the balance of monthly rental income after deducting 800 yuan fees for taxable income; If the monthly rental income is more than 4,000 yuan, individual income tax shall be calculated and paid according to the monthly rental income minus 20% of the income. The tax rate is 20%.
Take a two-bedroom apartment in Haidian District as an example. The monthly rent is 2000 yuan, and the lease term is 1 year. Taxes payable are:
Business tax is RMB 100 per month, urban maintenance and construction tax is RMB100 per month in 7 yuan, education fee is 3 yuan per month, stamp duty is ***24 yuan (shared equally in 2 yuan per month), personal income tax is 240 yuan per month, and personal net income is RMB 1648 per month.
5. What are the procedures for renting a house?
What are the procedures for renting a house?
Rental procedures (1) The lessor and the lessee sign a written lease contract; (2) Both parties shall, within 30 days after signing the contract, apply to the real estate management department of the people's government of the city or county for registration. When applying for registration, the following relevant documents shall be submitted: written lease contract, house ownership certificate, legal documents of the parties, certification documents of the manager, and other documents stipulated by the urban people; (3) After the city and county people's real estate management department has passed the examination, the house lease certificate will be issued. The House Lease Certificate is a legal and valid lease certificate. Housing lease contract registration refers to the signing, modification and termination of the lease contract by both parties, and registration with the real estate management department of the people's government of the city or county where the house is located.
6. How to handle the house lease certificate?
Materials to be carried: the original and photocopy of the identity card of the parties (lessor and lessee); Original title certificate+copy; Original house lease contract; Original and photocopy of power of attorney, and original and photocopy of agent's ID card. The process is as follows:
1. Go to the service desk and mark "I want to apply for the registration certificate of house lease contract". The service desk will give you a queue number and wait for the call at the window.
2. The window asks you to show your house lease contract, and asks you to fill out a form, and submit it to the lessor and lessee's ID card copy (original inspection), property right certificate copy (original inspection), power of attorney copy (original inspection) and agent's ID card copy (original inspection). Take three printed formal house lease contracts and wait at the window.
3. Go to the window to receive the application for real estate registration and fill it out, and hand it over to the staff together with the copy of the lessor's and lessee's ID cards (original inspection), the copy of the real estate ownership certificate (original inspection), the power of attorney and the copy of the agent's ID card (original inspection).
Those who pass the examination and approval shall pay the fee, receive the receipt and payment book, and receive the registration certificate after 7 days. If the review is unqualified, ask in detail and record the materials that need to be supplemented, and prepare to come back next time.
4.7 days later, I went to the service desk and said, "I've come to get the registration certificate of the house lease contract that I handled seven days ago." The service desk will give you a queue number and wait for the call at the window.
5. Show the receipt and the original ID card at the window and sign for the registration certificate of the house lease contract.
Extended data:
Handling precautions
1, each district shall handle it at the corresponding real estate trading center in this district.
2. The owner of the property right certificate of the leased house cannot handle the registration and filing certificate together for some reason, and needs to provide a power of attorney. If the owner of the property right certificate can handle it in person, there is no need to provide a power of attorney.
3. The real estate is not owned by one person, but by two or more people * * * Sometimes all the originals and copies of * * * ID cards must be provided.
4, the general format of the power of attorney, pay attention to the power of attorney must be written with a pen or signature pen, not a ballpoint pen.
certificate of appointment
We hereby entrust XXX (ID number: XXX) to handle matters related to the registration and filing certificate of XXX (house property address) house lease contract on behalf of XXX.
Client: XXX (ID number: XXX)
XXXX，XXXX，XX，XX
The formal format of the power of attorney can be obtained free of charge from the service desk. If the power of attorney prepared in advance does not meet the requirements for various reasons, you can ask for and fill in the formal power of attorney on the spot.
6. The ID card must be copied on both sides, and the first page (with barcode) and the second page (with detailed information) of the title certificate must be copied.