Housing Sublet The Lessee Legal Protection Study

As rapid development of China's economy of market system and the urbanization process forward,rented housing in particular the operating room sublet the phenomenon is widespread,arising from the increasing number of disputes also need to be adjusted relevant laws and norms. However,the existing laws on housing issues related to sublet the provisions of the principle is not only a lack of maneuverability,and many conflict with each other.Especially in times of the protection of the rights of the lessee appears to be relatively weak,while the second tenant rental housing is the actual possession,use,benefit the most vulnerable can not be the appropriate relief.On the protection of the interests of the sub-lessee of a sound and perfect the mechanism is not only related to the protection of the interests of vulnerable groups,but also related to housing and sub-lease for the healthy development of the market.This is what I choose this subject.This article is divided into three chapters,the first chapter of the rented housing and related concepts and made a brief combing for rented housing in-depth analysis of issues related to the bedding.On this basis, the chapter on the current law on the issue of housing rented to carry out the provisions of the sort,and empirical analysis of the analysis of specific cases,pointing out that the existing laws in the sub-contract with the original leasing contract relations,unauthorized sub-contract That the effectiveness of the sub-lessee of the existence of pre-emptive rights issues are not perfect,in particular in relation to the lessee and the lessor,the lessee of the meeting relatively lack of protection.The third chapter for China's existing laws on the provision of rented housing shortage,made several suggestions on how to improve.I should be clear with original leasing contract sub-contract the effectiveness of relatively independent. Lessor without the consent of the sublease,the lessor can lift the original rental contract,but does not sublet the contract null and void,because not original leasing contract.The lifting of the discharge,the contract can not be sublet to continue to carry out the sub-tenant can ask the tenant(rented), to assume responsibility for breach of contract.Second,the lessee should be made clear at the pre-emptive rights.By the lessor agreed to sublet and sub-contracts have already registered for the record,the lessee and sub-lessees are entitled to pre-emptive rights at the lessee's pre-emptive rights take precedence over the lessee(rented),the pre-emptive rights. Third,rental housing should be rented and the effectiveness of the registration of the contract.Registration for the record rather than rental housing and sub-contract elements of the entry into force,but without a registration record shall not have effect in confrontation.It is only through a registration for the record,the lessee and sub-lessee and the sale of pre-emptive rights advocates can not break the lease;without registration, the lessee and sub-lessee does not enjoy the right of first refusal,not from the sale of lease-breaking system of protection.Fourth,in judicial practice should be based on actual cases,the correct screening of the nature of the transfer fee,which belongs to the main part of the rent,in accordance with the law should be protected,even if the lessor without the consent of the unauthorized transfer of cases,do not constitute unjust enrichment.In short,the focus should be on the protection of the interests of the lessee and the lessor at the same time,do not neglect the protection of the interests of the sub-tenant,from free,efficiency,order and the value of the target,striking the right balance as far as possible in order to promote rental housing market with healthy and orderly development.