Research On The Right Of Arbitrary Termination In House-leasing Contract

House-leasing contract is very important not only for the parties, but also for the stabledevelopment of society as a whole. Therefore, the law should hold the house-leasing contractcancellation cautiously. In China’s Contract Law, the parties have the right of arbitrarytermination in house-leasing contract. But the law only provides a few simple provisions,ignoring the particularity of the house-leasing contract and lacking predictability of social life,can not meet the practical needs of the rental contract.The article takes the actual house-leasing market as a basis, and draws lessons from thesuccessful experience of foreign legislations. This article analyses the applicable scope,exertion, and effects of the right of arbitrary termination in house-leasing contract. Apart fromthe foreword, the article includes four parts:The first part is the basis of the right of arbitrary termination in house-leasing contract.The right of arbitrary termination in house-leasing contract is a distinction with the right ofnon-arbitrary termination in house-leasing contract and arbitrary termination in othercontinuous contract, needing for a special provisions. There are many issues of the right ofarbitrary termination in house-leasing contract, either in law or in practice.The second part is the study of the right of arbitrary termination in house-leasingcontract’s applicable scope. The law does not make specific provisions of the applicablescope of the right of arbitrary termination in house-leasing contract. the right of arbitrarytermination can not be appointed between the parties in house-leasing contract. The right ofarbitrary termination in residential contract should be restricted.The third part is the exercise of the right of arbitrary termination in house-leasingcontract. The house-leasing contract parties can exercise their rights of arbitrary terminationin the form of a notice and a judgment. Either party has the right to apply to the court toconfirm whether the house-leasing contract is terminated. The provision of notificationobligations merely prescribed by the lessor is unreasonable. The lessee shall also notify thetermination in house-leasing contract in advance.The last part is legal effect of the right of arbitrary termination in house-leasing contract.The right of arbitrary termination should not have the retroactivity. The lessee must return thehouse, and the lessor needs to restore rent and deposit. For extensions and decorative, the lawshould be dealt with separately depending on whether through the consent of the lessor. The law should provide compensation to the lessee by the lessor to terminate the house-leasingcontract arbitrarily.