On The Right Of The First Purchase Power By The Tenant

Recent years, The real estate industry is developing rapidly along with the accelerated process of urbanization and the deepening of the degree of urbanization in China, housing prices have soared in First-tier cities, and at the current situation, the second and third tier cities has the price potential. However, the income rises of urban residents in China has large distance with the rate of increase in house prices in city. The real purchasing power of ordinary people did not increase corresponding, many residents can not afford housing, housing bubble grow gradually. High housing price contradicts against the requirements of urban residents, it results in the continuous development of rental housing industry, the system of the tenant preemtion has gradually been attractived by the community. As a important civil legal system in China, the right of tenant preemtion has always been protected by law.The right of tenant preemion has a long history in the world and has been established in the world. Our law also established the system, Accoding to the article 230 of the contract law of China,"If the lessor sells the leased property, he should notify the tenant within a reasonable time before sale, and the lessee enjoys the right of tenant preemtion." In "<On the implementation of civil law of the People's Republic of China> the opinion some problems (for trial implementation) by the supreme people's court ",article 118 is more clear and specific:If the lessor sells rental housing, he should notify the tenant within three months, the lessee under the same conditions, have right of first refusal; this provision does not sell houses lessor, the lessee may request the court to declare the house sale is invalid. In 2009 the supreme People's Court formulated the "Trial of the case of urban housing rental contract disputes Application of Laws in the interpretation of the problem." The judicial interpretation of the lease contract dispute provisions of the difficult problems and make clear the lessee's right of first refusal. The "interpretation" will be reduced to the qualitative claims tenant right of first refusal to provide the lessor against the lessee can not be right of first refusal on the grounds of its request confirmation signed by the lessor and the third housing contract for the sale invalid. The "interpretation" of the twenty-one, which read:If the lessor sells the leased property is not within a reasonable period, notify the lessee or the presence of other cases against the tenant right of first refusal, the lessor the lessee liable for the request, the people's court should be supported. But the request to confirm the lessor to enter into the house with a third contract for the sale invalid, the people's court shall not be supported.Tenant's right of preemtion for housing, although there are legislative provisions, but because of the tradition of written law and the absence of a complete civil code. Pre-emptive rights for the lessee of the nature and details still need to pre-emptive rights of the theory of specific performance.