The Law Research Of Invalid House Lease Contract

Because our country at present house lease system is still not perfect, and the lessor and the lessee lack of the contract law and the house lease related knowledge, when signing a lease contract, their more consideration is the rental, payment time etc, and ignore that the leased building is whether legal and the lessor whether has the houses disciplinary right, often sign a few contract which do not conform to the laws, so that the contract shall be invalid, which will cause inconvenience to both sides, even cause a dispute.When the house lease contract is confirmed to be void, how to balance the interests of both the lessor and the lessee has been a hotspot and difficulty of judicial, which mainly involves two problems:one is that the lessee how to pays for the housing fees to lessor; two is that the loss compensation problem caused by decorations.This paper firstly discusses the invalid house lease contract.Through analyzing the factors that make the house lease contract invalid, and according to the provisions of laws and administrative regulations, paper expounds the common invalid house lease contracts, and discusses two house lease contract whose effect yet is controversial. Secondly, paper studies the standard toll of house which rental contract is determined to be invalid.Through the analysis of the source and essence of the toll of house, combined with the existing standards of housing royalties paid, and drawing on its rationality, paper comes up with a new set of tolls to pay for housing programmes.Features of this programme is:when determining the toll amount for housing, not only takes into account different factors that results in an invalid contract, but also considers the different faults that make house contract invalid.That is to respectively handle the toll of house which is invalid owing to different factors and different faults. Finally, this paper discussed this issue that to rent a contract is invalid after decoration materials caused loss compensation. It includes two aspects:one is the ownership of the adornment material. Through the analysis of the system to add attached, and combined with other state law for the regulation of the ownership of decoration materials, the author thinks to have formed and housing with adornment material, its ownership still belongs to the lessee, the lessee may dismantle it; Rescinding the lessor has the echo of the decoration material formed with the housing, it is more big extent with the content of the play adornment practical value. The other is the interests balance problem of the lessor and lessee. This paper analyzes the undeserved benefit system, contracting negligence liability, tort liability to pay compensation, taking into account the lessee’s goodwill decoration and malicious decoration, and the different parties caused by the contract null and void the faults, this paper divides invalid house lease contract into six different situations, it probes into the above principle for the lessor and the lessee balance the interests of the problem.