Study On The Priority Of Lease Rental

With the development of China’s market economy and growth, active market will inevitably accomp anied by a number of leasing relations, housing(real estate) lease is with people’s lives. Houses(real estate) lease includes two uses common lease: Residents living space rental and leasing commercial space. Residents living space to the tenant lease re lationship basic stability problems of everyday life, in recent years, even though China has issued a series of preferential system to protect residents of buildings, such as the low-rent housing, public rental, replacement housing and other systems, but i t is far from living space to meet the needs of the majority of our residents, so living space rental homes in ensuring the stability of the majority of residents in the process still plays an important role. The commercial lease is related to the stabilit y of the entire social and economic order, there is a saying "Rise of providers, do not move good land", a stable business establishments, not only to the continued development of the business, but also on behalf of the business goodwill lies. At present, whether in the living space leasing and commercial leasing relationship or in relationships, the lessor has an absolute dominance, then put on the significance of the priority to lease the lessee is self-evident.However, in the case of no legal basis for the practice, and how to identify whether the priority to lease renter? What conditions the priority to lease the establishment is? Its "equal conditions" how to understand? This is in civil proceedings in the intractable problems. Therefore, this paper ho pes for an understanding of the case to analyze and extract the focus of controversy among the priority to lease the issue; the status at home and abroad by the priority to lease the second chapter, Discrimination and related concepts, elaborate nature, understanding the same conditions put forward ideas and the author finds that the basic conditions for the exercise of the right of priority of the lease. Finally, analysis of the specific case the priority to lease the above case the plaintiff claims and concluded that the plaintiff identified on the basis of the original rental contract have priority on this when the tenancy, and made several recommendations thinking, hope for the future benefit of similar cases.