A Study On Protecting Sub-lessee In The Relationship Of House-subleasing

With the rapidly development of economy and acceleration of urbanization,There is no doubt that large number of population have rushed into the urban. Due tothe increasing of the house price, more and more city workers choose to rent house.The prosperity of the Lease market will inevitably bring the more and more disputesSublet, in essence, is a kind of complicated lease. In this complicated subleaselegal relationship, the existing laws more focuse on the protection of the interests ofthe leaser, pay attention to the static property maintenance, and as the sub-lessee ofthe sublease legal relationship, they are usually the most urgent to house need, but theexisting law didn’t give them enough right to protect the legal rights of themselves.This article is basics on the protection of sub-lessee interests and review ourcountry existing sublease legal provisions related, pointing out the deficiencies, thenaccording to the different types of the sublet, proposing to the existing legalprovisions of our country made detailed provisions, in order to balance the interestamong the lessor, the lessee and sub-lessee.This paper is divided into three parts. The first part is introduced the relevantconception of the leased, carried on analysis to property and characteristic of thesublet, then according to different standards, making the different classification of therelet. This describes laid the foundation to protect sub-lessee interests. In addition,summarized the relationship among lessor and lessee the sub-lessee. The second partmakes brief analysis of the relating to the sub-lessee ’s law, pointing out the existinglegal provisions miss the protection of the sub-lessee interest. This part also elaboratesauthor’s understanding on the sixteenth of " Supreme People’s Court on the trial of urban housing lease contract disputes judicial interpretation"(hereinafter referred toas the" contract of lease of interpretation"). The third part is my thinking on thesystem of protecting sub-lessee interests. First of all, a sublease is burden behavior, itdoes not take ownership exists as the premise; secondly, under the legitimate reletcase, introduces the restricted condition of lessor to exercise the right to request thereturn the house; thirdly, the right of preemption of sub-lessee relys on the lesseenotifies the lessor, in this premise, the sub-lessee has the better times the preemptionright of the lessee. Finally, in the legitimate leased duration, change of ownership doesnot break the sublet.The innovation of this paper are: firstly, through to sublet to undertake differentclassification, especially for operating room and living room, and made the differentprovisions to protect the interests of the sub-lessee, this classification is morereasonably balance between the interests of the parties. Secondly, the author made amore comprehensive analysis on the sixteenth of the " lease contract interpretation ",concluding leased allows can also be implied to achieve, but also do a morecomprehensive analysis for the sources and nature of the lessor to terminate thecontract right of Rescission Right of contract,the nature of the6months.In addition,the author deny the article on the lessor finds a sublease contract invalid provisions.Thirdiy, based on the termination of the original lease contract, by the distinctionbetween legal and illegal sublets the leased, the author made a discussed in detail onthe rent adjustment belonging, this kind of viewpoint is novel.