Research On The Validity Of Residential Rental Contract For Commercial Use

In practice, it’s often appeared that the lessor change the using-nature of the leased house, or the parties agreed to change the using nature and rent a residential house for commercial use. Such rental contract is valid or not? The cours from different regions have various understanding towards the question. So it is also in the literature. If the lessor arbitrarily change the using nature of the house or the parties agree to change the using nature of the house, the contract did not violate the mandatory provisions of the law and could be valid if the other legal conditions are met. On the basis of without prejudice to the legitimate rights and interests of the related rights holders, in line with the principle of conducive to economic development, conducive to the convenience, making the best use of things, the residential commercial rental contract should be identified as a valid contract under the premise of the legal, security, and autonomy.However, if the lessor hide the nature of the use of housing, or the lessee make a misunderstanding of the nature of the use of housing, or he lessee change the nature of the use of housing unauthorized, there occurs statutory subject matter which can cause the revocation of the contract. The one who enjoy the right to revoke the contract can revoke the rental contract. It occurs the return of the original, restitution, compensation for the losses of the legal consequences. Whether the lessor to conceal the use of housing properties, or the parties to agree to change the nature of the use of housing, the lessee can not achieve the purpose of the contract probably because of the mandatory provisions of the law In this case, the lessee can required to terminate the contract by law. And this causes the return of the original, restitution, compensation for damages and other legal consequences.