Discourse Upon Problems Of Commercial House Lease

The right of residence is a basic human right for human being .It is important means to realize such right by lease contract. Here the writer call it "zu ju quan li "or live by lease contract .It is originated from the contract and has its specialties. Nowadays the rights of tenant and its relevant persons are always infringed by landlord. This paper, on the basis of tenant's interest, explains the right of living by lease contract, the protection of personal right in the house and so on. This essay divides into five chapters. Before the text, there is a prelude, and after the text, there is an epilogue.The prelude touches the reasons why the author chose this topic for discussion.Chapter one makes definition of commercial house lease .This chapter mainly makes clear the connotation of commercial house lease. Then the formation and termination of lease contract, especially comparative study on the termination of lease contract .Next the writer introduces the rental and the system of rental control in other countries and areas. But due to the realities of our country, we don't need to bring in such system.Chapter two is about the right of living by lease contract or "zu ju quan li " which is called by writer .The subject of the right is tenant and its relevant persons. The object of the right is the house which must meets the basic needs of right owner. The core of right is "quiet enjoyment" whose main part is to exclude the disturbance of landlord. The writer also puts forward some constructive suggestions.Chapter three discusses the protection of tenant and relevant persons in thehouse, including right over body, right to health, right of life, right of freedom, and privacy. The first three ones can be called material rights and the last two spiritual ones. The material rights are always infringed by defect house or its facilities. Then writer lists the means which landlord uses to encroach on the tenant's privacy. In the end, the writer suggests the right owner cancel the contract and ask landlord to compensate for damage.Chapter four describe the cheating of medium agency .Firstly, the writer point out the medium contract is in fact brokerage contract .Secondly, and the writer introduces the means of cheating. Thirdly, suggestions on solving the problems.Chapter five discusses some other issues ,such as one house has more than two tenants, bank of house reparation of tenant and the real person who live in the house, the conflict between privacy of tenant and right of which keys are kept by landlord.