Research On The Protection Of Lessee’s Rights And Interests In Housing Leasing

The housing rental market is an important part of the housing supply system in China,which also plays a crucial role in the economic and social development.With the rapid development of urbanization in China,the contradiction between people and land is becoming more and more prominent。When the population flows more and more frequently and intensifies,renting is often the first choice of every mobile person.At this time,the idle housing needs to be fully revitalized to make full use of the idle housing,but still cannot meet the tenant’s needs,and the housing rental market shows the phenomenon of short supply.In our country,the housing rental market is still dominated by the lessor.The lessor owns the ownership of the house and has absolute power over the house.Therefore,the renter is often faced with the short lease period of the lessor,which increases the housing deposit at will and does not return the rent,which affects the normal life of the lessee.Protection of the rights and interests of the lessee in the rental housing laws and regulations is not sound Housing tenant rights and interests protection mechanism is not effective implementation Protection of the rights and interests of the lessee to remedy mechanism is not sound to causes such as the tenant’s legitimate rights and interests have been harmed in order to protect the lawful rights and interests of housing lease the lessee,this article from the lessee shall sound housing rights protection laws and regulations This paper puts forward suggestions from three aspects of improving the relief mechanism of lessee’s rights and interests protection in housing leasing.From the perspective of protecting lessee’s legitimate rights and interests,this paper studies the problems of lessee’s rights and interests protection in housing leasing in China in the following parts.The introduction clarifies the background of the topic selection and the significance of the research,combs the research status at home and abroad,and introduces the research ideas and methods.Based on the existing laws and regulations,this article,through a research into housing rental,discusses the protection of tenant’s rights and interests in this field.It has four parts to follow: the first part,in terms of protecting vulnerable group and human rights and ensuring fairness,on the basis of expounding the concept and operation mode of housing lease,discusses the theoretical basis of protecting the rights and interests of the tenant from the perspective of the tenant’s right of housing lease,the right of stable housing,the right of fair trade and the same right of lease and sale.The second part draws lessons from foreign laws and regulations by summarizing experience in protecting their rights under the same circumstances Germany,Japan,and in the United States,so as to make contributions to improve the housing rental system in China.The third part the author analyzes the problem rights and interests by the tenant in China from three aspects: before the signing of the lease contract,during the performance of the lease contract and lessee’s relief.The analysis of the problems that the lessee’s rights and interests are difficult to protect in advance includes: the lack of rent regulation,the lessee’s insufficient access to housing information,the lack of housing rent-ability standards,and the lack of regulation by housing intermediary agencies;It is difficult to protect the lessee’s rights and interests,including: ineffective implementation of housing registration and filing system,difficult to implement the same right of rent and sale;Analysis of the problems that the lessee’s rights and interests are difficult to protect after the event include: it is difficult to implement the same right of renting and selling;Lessee deposit is difficult to recover.In the fourth part,suggestions are put forward from improving the laws and regulations on the protection of tenant’s rights and interests: perfecting the legal system aiming at the protection of tenant’s rights and interests,clarifying the standard of housing rent-ability,establishing the information sharing service platform for housing rental,establishing the rent regulation system,and standardizing the behavior of housing rental intermediary agencies;Secondly,from the implementation of the mechanism of the protection of the rights and interests of housing renters,the following suggestions are put forward: the implementation of the registration and filing system of housing lease contracts,the implementation of the same right of lease and sale;Finally,the author puts forward some suggestions on improving the relief mechanism of lessee’s rights protection in housing leasing,such as perfecting the deposit management system,establishing the housing leasing arbitration system and simplifying the litigation procedure.Finally,in the conclusion part,the protection of tenant’s rights and interests in housing rental is summarized and prospected.Finally,in the conclusion part,the protection of tenant’s rights and interests in housing rental is summarized and prospected.