Notice of the Supreme People's Court of the people's Republic of China

 

The Supreme People's Court on the trial of "urban housing lease contract dispute case concrete application law interpretation of several issues" in2009Years6Month22The trial by the Supreme People's Court on the1469Meeting of the, is hereby promulgated, since2009Years9Month1The date of promulgation.

Two hundred nine years in July 30th

 

Interpretation of the Supreme People's Court on several issues of specific application of law in the trial of urban housing lease contract dispute cases

(Law Interpretation[2009]11No.)

 

In order to correctly judge the town house leasing contract disputes, protecting the legitimate rights and interests according to law, according to "people's Republic", "general principles of the civil law of the people's Republic of China Property Law", "contract law of the people's Republic of China" and other laws and regulations, combined with the practice of the civil trial, this interpretation is formulated.

　　Article 1"Urban housing this interpretation, is refers to the city, the town planning area housing.

The township, village planning area housing lease contract dispute case, reference may be made to the processing and interpretation. But the law provides otherwise, such provisions shall be applied.

The parties in accordance with the national welfare policy lease of public housing, low-cost housing, economic applicable housing dispute case, the interpretation shall not apply.

　　Article secondThe lessor can not obtain construction permits planning or not in accordance with the construction project planning permit and construction of housing, invalid and the tenant lease contract. But in the court of first instance before the end of the debate made in construction project planning permit or approval by the competent department of construction, the people's court shall determine that the effective.

　　Article thirdLessor without approval or not in accordance with the approved construction of the temporary building content, void and tenant lease contract. But in the court of first instance before the end of the debate on the approval of the competent authorities of construction, the people's court shall determine that the effective.

The lease term is more than the service life of a temporary building, more than part of the void. But in the court of first instance before the end of the debate on the approval of the competent authorities to extend the period of use, the people's court shall decide to extend the period of use of the lease period effectively.

　　Article fourthThe parties to the lease contract is not in accordance with the provisions of laws, administrative regulations, registration on the grounds, the request that the contract was invalid, the people's court shall not support.

The parties agreed to handle registration procedures for the entry into force of housing lease contract, the parties. But if one party has performed its main obligation, the other party to accept except.

　　Article fifthHousing lease contract is invalid, the parties request according to the contract rent standard pay housing occupancy use fees, the people's court shall support.

Party to claim compensation for the losses suffered by the contract is invalid, the people's court in accordance with the relevant provisions of the contract law and the judicial interpretation of the provisions of article ninth, article thirteenth, article fourteenth treatment.

　　Article SixthThe lessor is the same housing lease contract signed copies, in the contract are valid case, the Charterers argued to perform the contract, the people's court to determine the performance of the contract in accordance with the following order lessee:

(a) has legal possession of rental housing;

(two) has gone through the registration formalities;

(three) the establishment of the contract prior to the.

Unable to obtain rental housing tenants to request cancelling the contract, compensation for losses, according to the relevant provisions of the contract law.

　　Article seventhThe lessee unauthorized changes in housing the main load-bearing structure of the building or expansion within a reasonable period, lessors request is still not restored, the lessor requests to terminate the contract and claim compensation for losses, the people's court in accordance with the provisions of the contract law article 219th treatment.

　　Article eighthFor one of the following circumstances, lead to rental housing is not available, the lessee requests to terminate the contract, the people's court shall support:

(a) rental housing by the judicial organ or administrative organ according to seizure;

(two) rental housing management authority in the disputed;

(three) the rental housing is in violation of laws, administrative rules and regulations on housing conditions of use of mandatory provisions of the.

　　Article ninthWith the consent of the Lessor the lessee decoration decoration, the lease contract is invalid, not the formation of decoration materials, the Lessor agrees to use, can be a discount to the lessor all; don't agree to use, can be removed by the lessee. Due to the demolition of housing caused by damage, the lessee shall restore.

Has formed of decoration materials, the Lessor agrees to use, can be a discount to the lessor all; don't agree to use, by both parties according to the respective contract ineffective fault share value loss.

　　Article tenthWith the consent of the lessor decoration the lessee, the lease expires or the termination of the contract, unless otherwise agreed by the parties, not the formation of decoration materials, can be removed by the lessee. Due to the demolition of housing caused by damage, the lessee shall restore.

　　Article eleventhWith the consent of the Lessor the lessee decoration decoration, the lifting of the contract, both sides has formed on treatment of decoration materials of no agreement, the people's court in the light of the following situations respectively:

(a) due to the shipowner's breach of contract rescission of a contract, the lessee lessor compensation request remaining lease period decoration residual loss, shall support;

(two) due to the lessee default lead to the lifting of the contract, the lessee lessor compensation request remaining lease period decoration residual loss, not support. But the Lessor agrees to use, should be appropriate compensation in the use value range;

(three) because the default lead to the lifting of the contract, the remaining lease period decoration residual loss, by both parties according to their respective fault shall bear the corresponding liability;

(four) for reasons not attributable to the sides of the reasons lead to the termination of the contract, the remaining lease period decoration residual loss, by both parties in accordance with the principle of fair share. The law provides otherwise, such provisions shall be applied.

　　Article twelfthWith the consent of the Lessor the lessee decoration decoration, after the expiration of the lease term, the lessee lessor compensation request of decoration decoration costs, does not support. Unless otherwise agreed by the parties.

　　Article thirteenthThe lessee without the lessor's consent decoration or extension of costs incurred by the lessee, the burden. Lessors request lessee restitution or compensation for losses, the people's court shall support.

　　Article fourteenthWith the consent of the lessor expansion tenant, but the two sides on the expansion cost does not have an agreement, the people's court in the light of the following situations respectively:

(a) for the legal construction procedures, the expansion of the cost borne by the lessor;

(two) did not apply for legal construction procedures, the expansion of cost sharing by both parties according to the fault.

　　Article fifteenthThe lessee by lessors agreed leased premises to third people, more than the lessee leased the remaining lease period, the people's court shall determine that the excess shall be invalid. But the lessor and lessee except as otherwise agreed.

　　Article sixteenthThe lessor knows or ought to know that the tenant to sublet, but no objection within six months, the lessee without the consent of the request on the grounds to terminate the contract or to identify a sublease contract invalid, the people's court shall not support.

Because the lease contract dispute case, the people's court may notify the lessee as third people to participate in the proceedings.

　　Article seventeenthDue to the lessee for the arrears of rent, rental request of cancelling the contract, the sub lessee request generation the lessee to pay the rent owed and liquidated damages to defense the lessor of the right to rescind the contract, the people's court shall support. But sublets the contract invalid exception.

Once the lessee to pay rent and damages beyond its deal with the amount of rent allowance, can rent or to the lessee recovery.

　　Article eighteenthHousing lease contract is invalid, the expiration or termination, the lessor requests for Tengfang obligations of the lessee to pay the overdue Teng real possession charges, the people's court shall support.

　　Article nineteenthThe tenant rental housing to engage in business activities in the individual industrial and commercial households or individual partnership, the death of the lessee, the declaration of a missing or dead in the lease period, the operator or other partner request in accordance with the original lease contract to lease the housing, the people's court shall support.

　　Article twentiethRental housing ownership changes occurred in the lease, the lessee for housing assignee continue to perform the original lease contract, the people's court shall support. But rental housing has the following situations or except as otherwise agreed upon by the parties:

(a) the housing has set the mortgage in the rental before, because mortgage mortgage people realize the change of ownership;

(two) the housing has been people's court sealed in the rental before.

　　Article twenty-firstRental housing lessors sell fails to notify the lessee or the presence of other violations of the right of preemption of lessee in the request within a reasonable period of time, the lessee lessor shall assume the liability of compensation, the people's court shall support. But the request to confirm the lessor and the third person signed housing contracts of sale is invalid, the people's court shall not support.

　　Article twenty-secondThe lessor and the mortgagee sale agreement, discount rental housing debt, should the lessee within a reasonable time notice. The lessee requests to purchase priority to the same conditions of housing, the people's court shall support.

　　Article twenty-thirdThe lessor entrusts the auctioneer auction rental housing, it should be in the auction5Recently informed the lessee. Lessee fails to participate in the auction, the people's court shall determine that the lessee pre emptive.

　　Article twenty-fourthWith one of the following situations, the lessee priority should be given to the purchase of housing, the people's court shall not support:

(a) the total housing people exercise the priority purchase right;

(two) housing lessors will be sold to close relatives, including spouses, parents, children, brothers and sisters, grandparents, grandparents, grandchildren of Sun Zinv;

(three) the obligations of the lessor to notice, the lessee in fifteen days without clear buy;

(four) the third person in good faith purchase rental housing and has gone through the formalities of registration.

　　Article twenty-fifthThe explanation which is final, after the implementation of these interpretations retrial petition or decide to retrial according to the procedure of judicial supervision cases, does not apply to this interpretation.