A Study On The Leasing Of Residential Buildings With Residency Rights

As a new usufruct in China,the right of residence has broad application potential and space.Renting residential properties that establish residency rights not only benefits residents in obtaining rental income,but also further improves the efficiency of residential use,which is expected to alleviate the current problem of land shortage in China.However,the provisions of the Civil Code on residency rights are relatively conservative,resulting in various gaps.In addition,the relatively short time since its promulgation in 2020 and the lack of relevant cases make it difficult to fully utilize the rental function of residency rights.Therefore,the author will attempt to provide some ideas to solve this problem,so that the right of residence can be more applied in practice and promote the development of the right of residence system.The following substances is the main content and writing the logic of this article:In chapter 1,this article provides a brief summary of the residential rights system,clarifying that the legislative purpose of residential rights is mainly to ensure residency,but it also leaves room for investment.To illustrate the value of renting residential properties with residential rights through attempts made in China.Meanwhile,this article will summarize the current issues that hinder all of the realization of the aforementioned value.In chapter 2,this article explores the situation where the right of abode and the owner agree to rent out the residence.The parties who sign the lease contract on the residential property with residential rights include not only natural persons,but also legal persons.In addition,some rooms in residential buildings,ancillary facilities of buildings,and policy oriented commercial housing can all be regarded as eligible objects of residential rights.Clarified some of the rights and powers of the lease right,and allocated the maintenance obligations and expenses of the residence between the residential owner,the residential right holder,and the lessee.The lessee may sublease with the consent of the lessor and the residential owner.Clarified the validity of the portion of the lease contract that exceeds the residency period.Summarized several reasons for the elimination of residency rights,including confusion,loss of objects,abandonment of rights,termination of contracts,and death of residents,and confirmed the impact of the elimination of residency rights on lease contracts.In chapter 3,this article explores the situation where there is no agreement between the residential owner and the residential right holder that the residential property can be rented out.Discuss the composition of fraud and its impact on the lease contract in two situations: intentional provision of false information or concealment of the truth by the lessor when signing the contract.In addition,this article also attempts to explore the possibility of the owner’s consent after an accident when the residential property owner rents out the house without any of the authorization.In chapter 4,this article attempts to propose suggestions for the reconstruction of the rental system of residential properties with residential rights,mainly including: providing general rules for residential rights and separately stipulating social and investment residential rights;Improve the registration system for residential rights,and clarify that the consent of the owner to rent out the property by the residential rights holder also needs to be included in the registration;Standardize the exercise of the owner’s right to terminate when the resident abuses their rights.