On The Case Of Xiangmou And Qiumou,Feilong Company On Housing Lease Contract Dispute

With the rapid development of market economy, continuous growth of real-estate price and frequent movement of population, more and more dispute arises in house lease.The lessee in order to maximize the use of rental housing,often decorate on rented housing,which makes the housing lease dispute difficult to settle. It has also become the focus and difficulty in the court. Therefore, studying some relative cases is of great significance to keep the house release market in good order and protect the interests of both the leaser and lessee.By analyzing the house-leasing contract dispute between Xiang, Qiu and Feilong Company, this article elaborates the focus of dispute from the perspective of a case trial, that is, how to identify the liability for breach of contract and loss, how to deal with the decorated rental housing, whether to add interest to the unpaid rent. And then, the article analyzes each dispute and draws a conclusion. First, by studying the behavioral nature of Xiang, Qiu and Feiong Company, this article concludes that Qiu and Feilong Company did not go through the formalities of housing inspection acceptance before the deadline of performance agreed by contract, this is a breach, but not a fundamental one. Xiang refused to pay rent, this did not constitute counterpleaing right of later execution. The dissolution of contract is caused by both sides, so they should share the responsibility. Secondly, through discussion of decoration materials in the rental, study of relevant legislation’s solution and analysis of the deficiencies of legislation, this article proposes to use accession system to solve the ownership problem of rental housing’s decorations and to use unjustified enrichment theory to settle the unbalanced interests between the leaser and lessee. Finally, this article demonstrates that the lessee should pay overdue interest for the unpaid rent through the discussion of the nature of interest and application of law.In conclusion, through the analysis of housing lease contract dispute between Xiang, Qiu and Feilong Company from the objective reality of our national house release market, this article aims to provide some useful reference for handling the housing lease dispute cases to project the interest of parties, keep the steadiness of social order and promote the development of social economy.