Analysis On The Protection Of The Interests Of Sub-Lessee Approved By The Lessor

In recent years,due to the rapid economic development,the accelerating urbanization process and the upsurging prices of urban houses,etc.,the urban housing rental market is increasingly active,housing sublease is becoming increasingly common as well as industrialized.At the same time,the disputes arising therefrom are also increasing accordingly.Unfortunately,since there are only general rules and principles governing the sublease issue,which are not so feasible and perfect,especially,the sub-lessee`s interests cannot be protected well,resulting in absence of remedies for the sub-lessee when its interest is damaged and lost.Although the law has the characteristics of lagging behind,the problem aforesaid has become increasingly prominent over years with the continuous economic development,the existing laws and regulations do seriously not match with the market demand.For the stability and development of the housing rental market and even the national economy,strengthening the protection of the interests of sub-lessee by means of legislation is urgently needed.Therefore,the study of legal protection of sub-lessee`s interest is of great practical significance.On the basis of summarizing the housing sublease issues and stressing the necessity of protection of the sub-lessee`s interests,the shortcomings of the current laws in protecting the sub-lessee are analyzed through cases in this paper,and feasible suggestions on how to perfect the legal protection of sub-lessee approved by the lessor are put forward.This paper has been divided into three parts.The first part is an overview of housing sublease and the necessity of protection of the sub-lessee`s interests.In this part,the definition,nature and classification of housing sublease are firstly introduced,pointing out that only the issue focusing on the protection of the interests of sub-lessee who has been approved by the lessor is discussed herein.Secondly,the paper explains the necessity of strengthening the protection of the interests of sub-lessee,indicating that sub-lessee is particularly disadvantaged,protecting the interests of sub-lessee in line with the needs of market economy development,complies with the legal concept that laws shall pursue fairness and justice,protects the weak,as well as satisfies requirements of the judicial practice,this part paves the way for the further discussion.In the second part,the deficiencies in the existing law in the protection of sub-lessee approved by the lessor are revealed through cases,mainly including the issues on interests protection of sub-lessee when the lessor terminates the contract,the preemptive rights of sub-lessee when the lessor sells the houses,and that whether the principle that ownership change cannot devastate lease shall be applied to the sub-lessee when the ownership of the house changes.Advices are proposed in the third part to improve the protection of the sub-lessee ’ interests,such advices are correspondingly made on the basis of problems mentioned in the second part,for example,the right of rescission of the lessor shall be limited,it should be clear that the sub-lessee enjoys the preemptive right to buy the leased house and the principle that ownership change cannot devastate lease shall also properly apply in the situation that the house is subleased.