The Analysis Of The Case Of Right Of Rental Priority

With China’s rapid economic development, housing rental industry developsrapidly as well, the priority of tenancy disputes present upward trend. This case is atypical dispute about right of priority rental. The defendant rent out one of his shopsfrom over two hundred to the tenant in Changsha City Station Road for engaging inauto repair business. The accuser and dependent made a contract about leasing whichshows: After the expiration of the lease, tenant has the priority to rent under the sameconditions. However, the lessor changes one of the re-leasing conditions fromseparate rental to whole rental, and has been rent out to a third party in half year agobefore contract expired. Both sides focus on the relationship of the lease in the lawsuitwhich includes the authority of lease, the lease has priority or not and how tounderstand and define the ‘same conditions’ that made by both sides. Right of rentalpriority derived from rental right which is the subordinate concept of priority. Itsnature is agreed right rather than legal right, creditor’s right rather than property rightwhich is expectant right and the right of contracting request. In the context of the law,there are no provisions about right of rental priority, if both sides are real agreeddepend on principle of autonomy, and does not violate the prohibitions of the laws andregulations, then the agreement should be protected by law.Although the legislationdoes not define the ‘same conditions’ of the right of rental priority in our country,‘same conditions’ mainly refer to same price, same duration and way of the price paidwhich base on the legal theory. Further, it should be also refer to contract law andspecific provisions of the supreme people’s court on the same conditions as the lesseefirst refusal to understand. In this case, the rental change the original separate rentalto the whole rental, even if the price is the same, the way and the period of paymentare the same, the total facade proportion which the lessee rent from the lessor is toosmall, does not belong to the same conditions agreed by both parties, so the lesseeloss the right of rental priority. If the lease both side agreed the right of rental priorityon the rental contract, based on the contract agreement and the principle of good faithin Contract law, lessor have the obligation to fulfill the right of rental priority of theoriginal lessee. If both sides did not make a special version about “same condition” onthe their contract, the lessor unilateral change the separate rental to whole rental andmake the lessee’s right of rental priority can not achieved, the lessor need compensate for the result of bear liability for breach of contract.