| The housing lease contract is a contract which based on the lease of house,not only has the general nature of the lease contract,but also has the prominent feature because of the special subject matter.Housing,as an important real estate,has already become an important part of the market economy system.With the rapid development of social economy and housing rental market is in short supply,housing lease contract disputes have become one of the most common disputes in the judicial practice,so that widely held by the public.Restrictions on the exercise of the right to terminate the contract and identification of the subject matter defect and scope,there are different views in theoretical realm,the treatment is not uniform in practice also.In this paper,through the analysis of a housing lease contract dispute case,combined with the related theories of civil law and contract law,the subject matter of the housing lease contract and rescission right of contract are discussed in this paper.There are two focus of controversy in housing lease contract dispute case between the plaintiffs and defendant:First,wether the lessee can claim the right to reduce price on the ground of the subject matter was flawed;the second is whether the lessor can claim to terminate the contract.In this case the subject matter was flawed,but the lessor does not need to assume the defect warranty liability system, so the lessee can not claim the right to reduce the price accordingly;In this case the lessee behavior of not pay the rent which identification of “overdue ”,therefore,the lessor can claim to terminate the contract. |
