Research On The Protection Of The Interests Of Sub-lessees In House Subletting

With the development of our country’s social economy and the acceleration of urbanization,People’s demand for housing is higher and higher,and the number of tenants is increasing day by day.As a special form of housing lease,the legal relationship involved in housing sublease is more complicated.Among the parties involved in housing sublease,the relationship between the sub-lessee and the leased housing is the most close,in the sublet relations are most vulnerable to changes in housing ownership and contract,in a weaker position.Considering that the law should be inclined to protect the interests of the weak,this paper analyzes the validity of the sublet contract and the rights of the sub-lessee in the sublet relationship through judicial cases,and at the same time combs the current situation of the legislation of housing sublet,found that our current legal provisions and judicial practice in the interests of the sub-lessee protection deficiencies,it mainly focuses on:whether the lessor’s failure to agree to sublet affects the validity of the sublet contract,the lack of security of the sub-lessee’s right to sublet when the ownership of the house changes,the lack of priority protection compared with the lessee,and the difficulty in exercising the sub-lessee’s right to indemnification in time,etc..In order to better determine the end of the dispute,to protect the rights and interests of the parties,but also to promote the development of the sublet market,to maintain social order and stability,based on the above-mentioned issues,this paper puts forward some targeted suggestions,for example,it is determined that the unauthorized sublet contract is valid to protect its residential interests,that "Sale without breaking the lease" can be applied against the buyer when the ownership of the house changes,that the priority of the analogy lessee expands the scope of the rights of the inferior lessee in the sublet of the house,and that the concrete realization of the Counterplea of the inferior lessee to the rescission of the contract is guaranteed,in order to deal with the judicial practice of housing sublet disputes and substantive protection of the rights and interests of sub-lessees to provide some help.