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tenancy agreement: not going thru agent

Specific discussions on relocating and moving to Shanghai. Please stay on topic!

tenancy agreement: not going thru agent

Postby kumlong » Tue Jun 17, 2008 6:04 pm

I found my place directly through the internet and without any agent. However i need a tenancy agreement. i was told that this can be signed at the 房地产交易中心 or real estate transaction centre. is this true? any idea how i can contact the centre. my place is in chang shu road/ xuhui area. thanks for advice and help
kumlong
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Postby sbergman » Tue Jun 17, 2008 7:26 pm

We just signed a contract with the owner of our place - no real estate transaction center involved.
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Postby kumlong » Tue Jun 17, 2008 8:22 pm

hi ms bergman. can u tell me how is that done? can i just download the form and sign it between the landlord and me? do i need to register the form with any govt agency ie pay a stamp duty etc.

also did u process your fapiao as well?

thanks in advance
kumlong
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Postby Mon_Mon » Tue Jun 17, 2008 9:57 pm

http://www.newcq.com/info/1703-1.htm

I remember that there are standard forms for sale in the market. May be check out from bookstore etc.

If not then go to the link above which has the format and text.
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Postby sbergman » Tue Jun 17, 2008 10:22 pm

I believe getting the form and registering is the responsibility of the landlord, not the tenant. I would guess that the management office in their complex could tell them how to do it.

I am here on my own dime so the fapiao is not an issue for me. Perhaps this is more complicated if you need a fapiao.
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Postby qshell » Wed Jun 18, 2008 12:47 am

There is a standard property lease agreement you can download, but only in Chinese. I assume you can read Chinese so that's not a problem.

If you need rental tax receipts, you should clearly specify it as a clause in the contract, so that becomes landlord's responsibility to pay the rental tax and give you a copy of the receipt. You can even say that your monthly rent payment is contingent on receiving the tax receipt for the previous month. Getting these local landlords to pay rental tax is sometimes hard, as they all try to skirt the law.

I don't think you have to register your contract with the District Property Management Agency. A contract is a contract, it's only between you and your landlord.
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Postby kumlong » Wed Jun 18, 2008 8:40 am

ok. i found the forms on this website http://www.fangdi.com.cn/downloadcontracts.asp but they are only in chinese. i am going to call the district office of the shanghai transaction centre to see if i need to register but i am 80% sure its not necessary as its only between the 2 involved parties.

i agreed with the landlord that the tax will be paid by me as my rent is low. just to clarify things, is the fa piao obtained from a different office i.e tax office ?? thanks in advance
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Postby ydnacj » Wed Jun 18, 2008 3:55 pm

which website did u find your apartment at? i thought most website's list of rental apartment also link with real estate agent...so still have to pay them?
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Postby kumlong » Wed Jun 18, 2008 4:07 pm

kumlong
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Postby eppworld » Wed Jun 18, 2008 7:42 pm

hi, I am a professional English-Chinese translator based in Shanghai. If you need translation for your tenancy agreement, you can contact me and I will do it for you.
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