Study On The Legal Risk And Prevention Of Leasor In House Leasing

Housing is the material foundation for production,live and work in peace and contentment of people,and its importance for people is self-evident.With the continuous development of China's economy,the pace of urbanization accelerating,large-scale population migration from rural areas to cities,a large number of people flowing into cities,which is exacerbating the imbalance between the supply and demand of urban housing resources.Sequentially,the housing rental market has been developing and gradually prospering.Although the prosperity of the housing leasing market balances the demand for housing resources,as the housing leasing market further developing,cases of housing leasing dispute also continue to increase.Through the China Judgment Document Network,it can be known that judgment documents on housing leasing dispute are more than 60,000 copies in 2019.In the house leasing relationship,it is generally believed that the lessee as relatively weak group of rights and interests are more likely to be damaged by the lessor.Therefore,in the research of legal issues related to house leasing,the legal community generally tends to study the rights and interests protection of tenant(such as:the priority to purchase of renter,buy and sell without breaking lease,etc.on the direction of the rights and interests protection of tenant),while the rights and interests protection of lessor is usually neglected.In fact,through the analysis of the cases of housing leasing disputes in the Chinese Judgment Document Network,it can be found that nearly half of the lawsuits are brought by the lessor,which shows that the lessor 's legal risk is not less than the lessee ' in the housing leasing relationship.This article analyzes the legal risks types of house lessor,and summarizes the legal risks of the lessor as:the legality risk of the house used for rent,the legal risk caused by the incomplete agreement of the house lease contract,legal risk caused by incomplete provisions in the house lease contract,the default risk of lessor and/or lessee,the special risk of the lessor under different lease models.These legal risks are mainly resulted from:the weak legal awareness of the house lessor,the house lessor unacquainted with the relevant laws and regulations of the house lease,the house lessor dimness the basic content of the house lease contract,the appointment negligence of house lease contract,the improper cost savings and the high return pursuit,and the lessor ineffective monitoring to the lessee.The legal risk of the lessor not only comes from themselves,but also results from the lessee.Be based on these reasons,the lessor can improve his legal awareness,familiarize with the relevant laws and regulations of house leasing,be familiar with the basic and special terms of the house leasing contract,clarify the each clause content of the contract,hire a lawyer in the direction of the housing lease to review the lease contract,refuse the temptation of high profits,and strengthen the supervision of the lessee,etc.These ways should be prevent or reduce the losses caused by the the legal risks of lessor and preferably protect their rights and interests.The housing lease relationship That the lessor's rights and obligations are the lessee's obligations and rights;Similarly,the lessee's rights and obligations are the lessor 's obligations and rights.Thus,the rights and interests of both the lessor and the lessee safeguarded can be more conducive to the protection of the rights and obligations of both parties and promote the normal performance of the lease contract.Therefore,while studying the legal risks and rights protection of the lessee,it is of great practical significance to study the legal risks and rights protection of the lessor.This article analyzes the legal risk of the lessor in the house leasing,deeply analyzes the causes of the legal risk of the lessor,and finds the method of prevention and control of the legal risk of the lessor to better maintain the lessor's Legal rights;Meanwhile,it also helps the house lessor to face up to the default and illegality of some actions,thereby reducing the possibility of the lessor defaulting.In a sense,this is also a way to safeguard the rights and interests of the lessee,which will be beneficial to further promote the healthy development of the housing rental market,ultimately.