On Protecting Sub-Lessee From Law In The Relationship Of House-Subleasing

With the speedily development of market economy and the urbanization process promoted, population fluid frequently, the housing price rise continually, kinds of factors spur the prosperous of the house renting, house subletting phenomenon also occurs more and more in people’s daily life. Throughout China’s current requirements of legal system, the relevant provisions have chosen to tend to protect the interests of the lessors, with a slight mention of the lessee’s interest, except for sub-tenants, there are still missing gaps in laws to protect their interests. Thinking of the law idea of justice, the design is not wholesome, lots of problem has no solutions in the judicial practice for there is no foundation of law. Like this, it goes against the healthy development of housing and house-subleasing. In the relationship of house-subleasing, as the subtenants actual possession the house, who dependence on the house the highest and link the house benefit most closely, compared to the lessors and the lessees, their economic status is weaker. Therefore, the research on the protection of the interests of sub-lessees from legal issues in the sublease, has both theoretical and practical significance. This article is based on the protection of subtenants’interest, analyses the inadequacy of current laws in protecting subtenants’interest, and demonstrates the suggestions and observations on how to improve the protection in my own opinion.This paper consists of three sections, the first section introduces the conception and the production of sub-lessee, the relationship of the house-subleasing, the necessity of protecting sub-lessee from law in the relationship of House-subleasing.The second section introduces the current law stipulates and analyze the deficiencies, for there is no definite legislative authority of law, judgments are not unitary in the judicial practice.The last section is overview how to improve the protection of the sub-lessees’interest, from how to regard unauthorized sublease contract, limit the right of terminate contract of lessors, the system of house register and serve as a record, the principle that the house ownership does not break subletting regulations, the principle that the prior purchasing rights of lessees, designs of subrogation rights. By thinking on this issue, hoping to improve the relevant legal system, in order to guide the practice which appears in our life better, to protect the interests of the sub-tenant.