How Do I Manage Rental Properties?

Property leasing management refers to a series of management activities in accordance with the objective requirements of the socialist market economic system and the lease contract signed by the two parties of the lease.

Property lease management

1. Property lease owner and object qualification management ^[1]

Property service companies generally implement the following steps when implementing property lease management. ^[1]

1. Property lease use must not be changed arbitrarily ^[2]

In the lease contract, the parties to the property lease clearly define the purpose of the property. This requires the lessor to provide special requirements for the use of the property when delivering the leased house, and clearly notify the lessee to ensure that the lessee will perform the lease in accordance with the properties and uses , Use the rental house correctly and reasonably, and bear no responsibility for its normal wear and tear; when the tenant adds a new use to the rental house, the lessor's consent should be obtained, and the corresponding expenses shall be agreed upon by both parties. As long as the lessee uses the leased house reasonably according to the purpose agreed in the contract, it will be reasonably worn when the house is returned at the end of the lease period. The lessor cannot claim compensation. Whether the property is operated or owned, the lessee cannot change it at will, nor can he use the rented house to engage in illegal and criminal activities.

2. Illegal buildings cannot be rented out

Within the urban planning area, construction work planning permits issued by the main urban planning administrative department or construction, construction, or expansion of buildings, structures, or other facilities that violate the provisions of the construction project planning permit are illegal constructions. The illegality of the illegal building itself makes it impossible to meet the conditions of legality and safety of the leased object, which belongs to the scope of prohibition of renting. According to the "Administrative Measures for the Leasing of Urban Houses", houses belonging to illegal buildings shall not be leased. Therefore, the following buildings cannot be leased:

1) Buildings with additional floors and raised roofs.

2) Buildings and structures in courtyard houses and apartment courtyards.

3) Buildings and structures attached to the exterior walls of houses, neighborhoods, neighborhoods, and new villages.

4) Buildings in open spaces, green spaces, and roads.

5) Construction temporary buildings and structures that have not been demolished within the time limit and that do not occupy roads.

3 Relationship between property leasing and property mortgage

There are two situations in the relationship between property leasing and property mortgage: one is that the property is leased first and then mortgaged; the other is that the property is mortgaged first and then leased. In essence, there is no conflict between the mortgage and the lease relationship. Both of the above situations are allowed, but they differ in legal consequences.

(1) Property is leased first and then mortgaged According to the provisions of the "Guarantee Law of the People's Republic of China" and "Administrative Measures for the Management of Urban Real Estate Mortgages", if the real estate that has been leased is mortgaged, the mortgagor shall inform the mortgagee of the lease situation and The situation informed the lessee that the original lease contract continued to be valid. At this time, the mortgagor does not need to obtain the consent of the lessee. As long as the notification procedure is performed, the leased property can be mortgaged to the mortgagee again. Moreover, after the mortgage right is realized, the lease contract will continue to be valid for the assignee of the mortgaged property within the validity period.

(2) Property is mortgaged first, and then leased. The Administrative Measures for Urban House Leasing stipulates that properties that have been mortgaged and cannot be leased without the consent of the mortgagee. The "Administrative Measures on Urban Real Estate Mortgage" stipulates that with the consent of the mortgagee, the mortgaged real estate can be transferred or leased. In other words, the lease of collateral is legal only with the consent of the mortgagee. According to the Supreme People s Court s judicial interpretation of the Guarantee Law of the People s Republic of China: If the mortgagor leases the mortgaged property, the lease contract is not binding on the assignee after the mortgage is realized. Then, because the termination of the lease contract causes losses to the lessee, it should be treated separately in different situations: When the mortgagor leases the mortgaged property, if the mortgagor does not notify the lessee in writing that the property is mortgaged, the mortgagor causes damage to the leased property The lessee shall be liable for the loss; if the mortgagor has notified the lessee in writing that the property is mortgaged, the realization of the mortgage will cause the lessee's loss to be borne by the lessee.