编者按：2007年4月，本所与全省发行的英文杂志IN TOUCH（月刊）建立合作关系，由国际经贸部负责编写英文稿件，结合外国人、外国企业关心的常见法律事务，分“住在杭州”、“行在杭州”、“创业在杭州”、“生活在杭州”等版块，在2007年5月至2008年4月的每期杂志上刊登一个版面的文章。本所还担任了该刊物的姐妹报纸HANGZHOU WEEKLY的常年法律顾问。以下是本所刊登在IN TOUCH杂志2007年5月及6月的稿件。

Living in the Paradise (I)

How to Rent a Living Place or Business Location in Hangzhou?
When a foreigner comes to Hangzhou for study or work, the first problem he comes across is how to find himself a comfortable place to live. I once heard of a story that a foreign friend had to stay in Radisson Hotel, paying about one thousand RMB per day for months just because of not knowing how to find an apartment. From then on, I am always considering that as a local lawyer, whether and how I can do something for foreign apartment hunters. Now, I finally find the opportunity in IN TOUCH, and I hope the following guidance can help you.
Where to Start
1. Visiting the local residential districts. This may be painful for many newcomers. However, if you wish to experience the local conventions and cultures, a bicycle ride in the sunny spring afternoon may be an exciting leisure travel. Note that when you read the lease information in the community, you may ask the residents, property management company or neighborhood committee for confirmation, in order to keep away from the cheat.
2. Searching the Internet. You must be very careful as to who is the actual guy hiding behind the screen: the landlord or the real estate agency.
3. Seeking assistance from real estate agencies. Which agency is reliable? A regular real estate agency will have the business license with the business scope of “real estate agency”, and the agency qualification certificate, both of which shall have the “annual review qualified” stamps. You may choose a couple of companies to compare their services, and avoid paying any money for checking the recommended apartments.
4. Asking friends for help. It is the safest way, and probably you can get the more favorable price.

Five Useful Tips for Apartment Hunters
1. If you seek assistance from the agencies, you must read the Agency Agreement carefully and pick out the unreasonable articles before you sign.
2. Where you MUST check in the recommended apartment.
2.1 Whether the door and the windows are safe;
2.2 Whether the drains and circuits are in proper condition;
2.3 Whether the household electric appliance functions well. Please check the refrigerator and the air conditioner.
3. Holding tight of your wallet before you have checked the originals of ID card, the residence permit (“Hukou Ben”) and the property ownership certificate of the landlord. If the apartment is in joint ownership, the consent of the joint owner must be obtained. Though the agencies have the responsibility to check the certificates, your own eyes are definitely more reliable.
4. Signing the Lease Agreement.
4.1 The “quality” and “quantity” of the apartment. The “quality” is the inside structure, construction material, affiliated facilities, etc, and the “quantity” is the room and area of the apartment.
4.2 The rental clause is also important. The parties shall make clear the amount, schedule and payment method. As a tenant, you shall avoid payment of a lump sum for a long term if possible.
4.3 Some landlord may require a deposit, which is usually one to three months’ rental. When the lease is terminated, the deposit shall be returned to the tenant deducting the expenses and costs assumed by the tenants.
4.4 The payment of the property management fee shall be specified in the agreement.
4.5 One more important point to remind you, unless otherwise agreed, the landlord shall do the repairs at his own cost.
5. To process the legal formalities. After the Lease Agreement is signed, you shall urge your landlord to submit the Agreement to the Housing Administration Bureau for record, register the tenant’s information, and pay the tax and charges. Our experience tells us that it is critical to include the liabilities of the landlords for non-compliance with these obligations in the agreement.

Tips for Renting Business Location
If you need to rent business location, while signing the lease agreement, except for the aforementioned points, you need to pay additional attention to the following aspects:
1. The approved usage of the building must be for business or business and dwelling.
2. Make sure the building is suitable for your business purpose. You need to check whether the surrounding business environment is mature, whether facilities/ appliance are complete, whether furnishing and decoration are feasible, whether property management service is satisfactory, and whether the parking space can meet your demand, etc.
3. The leasing record certification shall be submitted to the Industrial and Commercial Bureau and Taxation Bureau for registrations. 4. You need to agree in advance with your landlord about the tax and invoice issues to protect your legal rights.

What Lawyers can Do for You
1. To check the qualification or eligibility of the landlords and real estate agencies;
2. To check whether the apartment or building is capable of leasing, whether there are any legal hurdles;
3. To help foreign friends negotiate with the landlords
4. To draft or review the leasing agreement;
5. To check whether the leasing formalities have been completed;
6. To help foreign friends deal with problems they may come across during the leasing term;
7. To protect the legal rights of foreign friends related to leasing.

Useful Information
I prepared the following information for your reference in case you have some administration formalities to deal with, or you need to turn to the relevant government authorities for assistance:
●Hangzhou Housing Management Bureau：Responsible for the registration and record of leasing agreements. Add: Pinghai Mansion, No. 248, Huansha Road, Hangzhou, Tel: 0571-87015858
●Hangzhou Public Security Bureau：Responsible for overall coordination, public security, fire proofing, and residence management, etc. Add: No. 35, Huaguang Road, Hangzhou, Tel: 0571-87280561
●Hangzhou Local Taxation Bureau：Responsible for housing lease taxation. Add: Hangzhou Financial and Taxation Building, No. 152 Mid-Zhonghe Road, Hangzhou, Tel: 0571-87805588
●Hangzhou Industrial and Commercial Bureau：Responsible for dealing with illegal conduct of unlicensed business, etc, and illegal real estate agencies. Add: No. 109 East Fengqi Rd., Hangzhou, Tel: 0571-86438413

Living in the Paradise (II)

How to buy your own housing in Hangzhou?
We have already given you some knowledge about how to rent a place in Hangzhou in the last Issue. Someone may ask: how to buy my own house in Hangzhou? This is right what we are focusing on here.

1. Why Hangzhou?
“Just as there is paradise in heaven, they are Suzhou and Hangzhou on earth”. Beautiful scenery, pleasant weather, convenient transportation, friendly people, tasty food, … Do you still need any more reason?

2. The right types for you
(1) “Single Apartments” are always the choices of the young. A single apartment is often of a small size. The area is around 40-60 square meters, which usually comprise of a kitchen, a bathroom and a bedroom. (2) The ordinary apartments are designed for families and those who prefer larger private space. The area for a typical apartment is 80-250 square meters.
(3) It is also possible to have your house in Hangzhou as in your hometown. There are villas available with the area of 250-400 square meters. It must be a sense of great accomplishment to own such a spacious villa! There are also second-hand apartments for sale, information are available in agencies.

3. The purchase process
Already have your ideal housing in mind? Ok, let’s move forward.
(1) To sign the contract. The terms of location, area, delivery time, price, payment method and time, especially the liabilities for breach of contract (e.g. late delivery or quality defects) shall be concluded in the contract.
(2) To inspect the housing. The constructed housing MUST be checked before signing the contract and future housing MUST be checked before acceptance. You have the right to require the developer to repair the defects if any. If the quality defects are serious enough to threaten your safety, sure, you are entitled to reject the housing and ask for compensation.
(3) To deal with the registration formalities and get the Land Use Right Certificate and Housing Ownership Certificate. Registration which directly results in the transfer of title is crucial in the housing purchase process. The Hangzhou Housing Administration Bureau is the responsible organ for housing registration and issuing the Certificate. Bring with you the identity documents and other material, e.g. the passport (authorization letter authenticated by the local notary office is required if you choose not to process it in person), the proof for tax being paid, etc.
(4) To well keep the documents. Apart from the above certificates, you will be provided with the documents such as the Construction Project Quality Confirmation Letter, the User’s Instructions, the Housing Quality Guaranteee Letter, the Comprehensive Inspection and Acceptance Qualification Certificate, etc. by the developer. DO NOT throw them away! The documents and the contract are your evidences for protecting your rights in case of any dispute. 4. Special reminder
At last, just one thing to remind you: before buying the housing, you need to check whether you have the corresponding capacity. According to relevant regulations, branches and representative offices of foreign entities (except for those who are permitted to enter the real estate industry), and foreign individuals whose stay in China is longer than 1 year may buy housing for their own usage. If you are still not clear with the procedure or any other point, the experienced Brighteous lawyers are ready for help. We hope you will have your own housing in Hangzhou in the near future!

Useful information
●Hangzhou Housing Administration Bureau
Add: Pinghai Mansion, 248, Huansha Rd, Tel: 87017030, 87015858-8315, http://www.hzfc.gov.cn
●Hangzhou Notary Public Office Add: Kexie Building 499 Yan’an Rd, Tel: 85060513, http://www.hz-notary.com/index.aspx
●Hangzhou Housing Information: http://www.hzfc.gov.cn
●“Living in Hangzhou” Housing Agency: http://zzhz.zjol.com.cn