On The Realization Of The Right Of First Refusal Of House Tenant

Housing tenant right of first refusal means the term of the lease, the lessee in accordance with the provisions of the law when the lessee sold the lease item within a certain period of a third party who has the same condition in preference to buy the right of the building. Prior to the lessee and the third person to sign the sale of housing, tenant because of "equal conditions" does not exist and can not exercise the right of first refusal. Housing tenant is a statutory pre-emption rights, can not agree to exclude, non-transferable, and in the generation and the right to exercise the statutory regime of; housing tenant has a right of first refusal restriction, the existence of the right itself is the house ownership restrictions on the exercise of freedom of disposition, while the lessee in the exercise of this right should also be subject to certain restrictions.In reality, economic exchanges have occurred due to the owner of the house would have rented houses for sale to a third party dispute with the tenant or lessee of pre-emption cases when the damage. The current law is imperfect, resulting in the trial practice of the legal nature of the understanding of different housing tenant right of first refusal, and thus the entity handling the case is different. Lessee shall have pre-emptive rights of the nature of the formation, the formation is more conducive to safeguarding the interests of the right to say and relief lessee. The effectiveness of pre-emptive rights of the tenant registration system should be combined to determine that the lease contract without registration, the effectiveness of pre-emption shall not fight well-intentioned, has made home ownership a third person.Today. Housing tenant pre-emption system still has its own value, it plays in protecting the interests of the lessee, real estate maintenance order, the pursuit of efficiency, stability, and other important social role, its shortcomings, should the legislative process in the future to be perfect and can not be repealed. Specific measures to improve as follows:First, clear the nature and limits applicable housing lease period. There should be the purpose of living "housing " as a pre-emptive right tenant objects, and commercial buildings will be excluded; Judging from the period of the lease, the lessee should not be given to all pre-emption, and only in6months or more periodic lease contract, the lessee should enjoy the right of first refusal only Second, the obligation to notify the lessee refinement. When changing the lessee and the third person to buy condition occurs, the lessee still bears notification obligations, in addition, in the form of the notice shall be in writing. Third, a clear exercise of pre-emption system during the lessee. If the lessee and the lessee to exercise the right of first refusal did not make the agreed period, the lessee shall exercise the right of first refusal within15days after receipt of the notification. If the lessee fails to fulfill the obligation to notify the lessee or other violations of pre-emptive action, the lessee shall know or ought to know from one year to exercise pre-emptive rights to sell the fact that the Japanese house. Fourth, a clear pre-emptive nature of the lessee and effectiveness. The nature of the formation of the right to exercise the right of first refusal lessee under the same conditions. After the exercise of pre-emption lessee, the lessee should give priority to fulfill the contract between it and the lessee; but unregistered rental contract, the effect may not have been registered against bona fide third party registered home ownership. Fifth, the lessee pre-emption provisions prohibit the transfer and inheritance principle. Housing tenant right of first refusal can not be transferred, nor inherit; But after the death of the lessee, its pre-emptive rights on the transfer of the spouse and dependents jointly living, the latter within a month after the death of the lessee to the lesser expressly opposition to participate in the lease relationship otherwise. Sixth, clearly defined relief housing tenant can not be achieved when the right of first refusal. Pre-emptive rights are violated when the tenant may claim damages, compensation includes tenant moving expenses, purchased separately, or loss of housing and rent-seeking transportation, hospitality and other expenses.