On The Protection Of The Rights And Interests Of The Renters Of Housing Lease

According to the provisions of “The Civil Code of the People’s Republic of China”,civil subjects engaged in civil activities should follow the basic principles of civil law.When concluding a house leasing contract,both parties have a full right of free option and can negotiate the contents of the contract according to their own wills,and finally form a house leasehold relation.However,in reality,it is often that the lessor of the house leasing contract occupies the dominant position,which may be disadvantageous to the lessee.Through the investigation of “The Civil Code of the People’s Republic of China”,“Urban Real Estate Administration Law of the People’s Republic of China”,“Administrative Measures for Commodity House Leasing” and other laws and regulations related to house leasing,it is found that the following problems may infringe the legitimate rights and interests of the lessee in the current house leasing contract in China:(1)In the indefinite house leasing contract,the lessor can arbitrarily terminates the contractual relationship,which leads to that the lessee faces the risk of contract dissolution at any time;(2)Due to the lack of standards and regulations on housing rent and rent ceiling,the lessor can increase the housing rent at will,so that the disadvantaged lessee has to accept unreasonable rent requirements for various reasons;(3)Since there is no distinction between housing leasing and operating leasing,most of the provisions are applicable to both,which can not deal with the special protection of housing leasing lessees.According to the research of the relevant systems in Germany,the United States,Britain,Japan,South Korea and other foreign countries,it is found that the tendentious protection of the lessee in the house leasing contract can be realized by properly restricting the lessor’s rights,establishing strict rent control system,and distinguishing housing leasing from operating leasing,which have some reference significance.Based on the current legislative situation of China and lessons from the useful experience of foreign countries,this paper puts forward the following suggestions to improve the protection of the lessees’ rights and interests in housing leasing.Firstly,the rules with just causes can be introduced into the indefinite house leasing contract.In other words,in the aspect of restricting the lessors’ rights,it should be stipulated that the lessor can be considered to have a legitimate reason for rescinding the contract only if he has a specific housing demand for the rental house or there is a hindrance to the rational and economic use of the housing,if not,the lease relationship with the lessee shall not be terminated arbitrarily.Secondly,the standard of housing rent in each area should be established and a reasonable rent ceiling should be set to prevent the lessor from raising the rent arbitrarily.For example,the government publishes the statutory rent based on the rent situation of each district,limits the rate of rent increase and frequency.Finally,according to the particularity of housing leasing,a distinction should be made between housing leasing and operating leasing,or special laws should be enacted to provide special protection to the lessees of house leasing.