(Law Interpretation [2009] 1 1, adopted at the1469th meeting of the Supreme People's Court Judicial Committee on June 22, 2009)
In order to correctly hear disputes over urban housing lease contracts and protect the legitimate rights and interests of the parties in accordance with the law, this interpretation is formulated in accordance with the General Principles of the Civil Law of People's Republic of China (PRC), the Property Law of People's Republic of China (PRC), the Contract Law of People's Republic of China (PRC) and other legal provisions, combined with civil trial practice.
Article 1 The term "urban houses" as mentioned in this Interpretation refers to houses in urban planning areas.
Disputes over housing lease contracts in towns and villages planning areas may be handled with reference to this interpretation. However, if there are other provisions in the law, such provisions shall prevail.
This interpretation does not apply to disputes arising from the parties renting public housing, low-rent housing and affordable housing in accordance with the national welfare policy.
Article 2 The lease contract concluded between the lessor and the lessee for the house that has not obtained the construction project planning permit or has not been built in accordance with the provisions of the construction project planning permit is invalid. However, if a construction project planning permit is obtained before the end of the debate in the court of first instance or the construction is approved by the competent department, the people's court shall deem it valid.
Article 3 The lease contract concluded between the lessor and the lessee for a temporary building that has not been approved or built according to the approved contents is invalid. However, before the end of the debate in the court of first instance, if the construction is approved by the competent department, the people's court shall deem it valid.
If the lease term exceeds the service life of the temporary building, the excess part will be invalid. However, if the term of use is extended with the approval of the competent department before the end of the debate in the court of first instance, the people's court shall determine that the lease period within the extended term of use is valid.
Article 4 The people's court shall not support the request of the parties to confirm that the house lease contract is invalid on the grounds that they have not gone through the registration formalities in accordance with laws and administrative regulations.
If the parties agree that the housing lease contract is based on the registration and filing procedures, such agreement shall prevail. However, one party has fulfilled its main obligations, except those accepted by the other party.
Article 5 A house lease contract is invalid, and the people's court shall generally support it if the parties request to pay the house occupation fee according to the rent standard agreed in the contract.
Where a party requests compensation for losses suffered due to the invalidity of a contract, the people's court shall handle it in accordance with the relevant provisions of the Contract Law and the provisions of Articles 9, 13 and 14 of this judicial interpretation.
Article 6 Where the lessor has entered into multiple lease contracts for the same house, and the lessee all advocates the performance of the contracts, the people's court shall determine that the lessee shall perform the contracts in the following order:
(a) has legally occupied the rental housing;
(2) Having gone through the registration formalities;
(3) The contract was established earlier.
If the lessee who cannot obtain the leased house requests to terminate the contract and compensate for the losses, it shall be handled in accordance with the relevant provisions of the contract law.
Article 7 If the lessee changes or expands the main building and load-bearing structure of the house without authorization and fails to restore it to its original state within the reasonable period required by the lessor, and the lessor requests to terminate the contract and claim compensation for losses, the people's court shall handle it in accordance with the provisions of Article 219 of the Contract Law.
Article 8 The people's court shall support the lessee's request to terminate the contract if the leased house cannot be used under any of the following circumstances:
(1) The leased house is sealed up by the judicial organ or the administrative organ according to law;
(two) the ownership of the leased house is controversial;
(three) the lease of housing violates the mandatory provisions of laws and administrative regulations on the conditions for the use of housing.
Article 9 If the lessee agrees to decorate with the lessor and the lease contract is invalid, there is no accompanying decoration. If the lessor agrees to use it, it can be owned by the lessor at a discount; Do not agree to use, can be removed by the lessee. If the house is damaged due to demolition, the lessee shall restore the original state.
Accessory decoration approved by the lessor can be owned by the lessor at a discount; If the use is not agreed, both parties shall share the present value loss according to the fault that causes the contract to be invalid.
Article 10 If the lessee agrees to decorate with the lessor, when the lease term expires or the contract is terminated, unless otherwise agreed by the parties, the decoration or decoration that does not constitute an accessory may be removed by the lessee. If the house is damaged due to demolition, the lessee shall restore the original state.
Eleventh the lessee and the lessor agreed to decorate, when the contract is terminated, the two sides have no agreement on the disposal of ancillary decoration, the people's court shall deal with it according to the following circumstances:
(1) If the Lessee requests the Lessor to compensate for the loss of the decoration salvage value during the remaining lease period because the Lessor has terminated the contract in breach of contract, it shall be supported;
(2) If the lessee terminates the contract due to breach of contract, and the lessee requests the lessor to compensate for the loss of decoration salvage value during the remaining lease period, it will not be supported. However, if the lessor agrees to use it, it shall give appropriate compensation within the scope of use value;
(3) If both parties terminate the contract due to breach of contract, resulting in the loss of decoration salvage value during the remaining lease term, both parties shall bear corresponding responsibilities according to their respective faults;
(4) If the contract is terminated due to reasons not attributable to both parties, the loss of renovation residual value during the remaining lease period shall be shared by both parties in accordance with the principle of fairness. Where there are other provisions in the law, such provisions shall prevail.
Article 12 If the lessee and the lessor agree on renovation, and the lessee requests the lessor to compensate for the incidental renovation expenses at the expiration of the lease term, it will not be supported. Unless otherwise agreed by the parties.
Article 13 The expenses incurred by the lessee for renovation or expansion without the consent of the lessor shall be borne by the lessee. The people's court shall support the lessor's request to the lessee for restitution or compensation for losses.
Article 14 If the lessee agrees to expand the project with the consent of the lessor, but there is no agreement between the two parties on the treatment of the expansion fee, the people's court shall deal with it separately according to the following circumstances:
(1) Handling legal construction procedures, and the expenses for expansion shall be borne by the lessor;
(two) did not go through the legal construction procedures, the expansion costs shall be borne by both parties according to the fault.
Article 15 If the lessee subleases the leased house to a third party with the consent of the lessor, and the sublease term exceeds the remaining lease term of the lessee, the people's court shall deem the excess part invalid. Unless otherwise agreed by the lessor and the lessee.
Article 16 If the lessor knows or should know that the lessee subleases, but fails to raise an objection within six months, and requests to terminate the contract or considers the sublease contract invalid on the grounds that the lessee does not agree, the people's court will not support it.
In the case of disputes arising from the lease contract, the people's court may notify the sublease to participate in the proceedings as a third party.
Article 17 If the lessor requests to terminate the contract due to the lessee's arrears of rent, the people's court shall support the sublessee's request to pay the unpaid rent and liquidated damages on behalf of the lessee, so as to safeguard the lessor's right to terminate the contract. Unless the sublease contract is invalid.
If the rent and liquidated damages paid by the sublessor exceed the amount of rent payable, the sublessor may offset the rent or claim compensation from the lessee.
Article 18 If the house lease contract is invalid, the performance period expires or terminates, and the lessor requests the sublease who has the obligation to vacate the house to pay the overdue occupation fee, the people's court shall support it.
Article 19 If the lessee rents the house in the form of individual industrial and commercial households or individual partnerships to engage in business activities, and the lessee dies, is declared missing or dead during the lease period, the people's court shall support his request to rent the house in accordance with the original lease contract with the operator or other partners.
Article 20 If the ownership of the leased house changes during the lease period and the lessee requests the transferee to continue to perform the original lease contract, the people's court shall support it. However, the leased house is under any of the following circumstances or unless otherwise agreed by the parties:
(a) the mortgage has been set before the house is leased, and the ownership changes due to the realization of the mortgage by the mortgagee;
(two) the house has been sealed up by the people's court before the lease.
Article 21 If the lessor sells the leased house within a reasonable period of time without informing the lessee or there are other circumstances that infringe the lessee's preemptive right, and the lessee requests the lessor to bear the liability for compensation, the people's court shall support it. However, the people's court will not support the request to confirm that the house sales contract signed by the lessor and the third party is invalid.
Article 22 If the lessor and the mortgagee agree to discount or sell the leased house to pay off the debts, they shall notify the lessee within a reasonable time. The people's court shall support the lessee's request for priority in purchasing houses under the same conditions.
Article 23 If the lessor entrusts the auctioneer to auction the leased house, it shall notify the lessee five days before the auction. If the lessee fails to participate in the auction, the people's court shall determine that the lessee waives the preemptive right.
Twenty-fourth in any of the following circumstances, the people's court shall not support the lessee's claim to purchase the house first:
(a) The house * * * has the preemptive right;
(2) The lessor sells the house to close relatives, including spouses, parents, children, brothers and sisters, grandparents, grandchildren and grandchildren;
(3) After the lessor performs the notification obligation, the lessee fails to explicitly indicate the purchase within fifteen days;
(4) The third party purchases the leased house in good faith and has gone through the registration formalities.
Twenty-fifth the final judgment before the implementation of this interpretation, after the implementation of this interpretation, if the parties apply for a retrial or decide to retry in accordance with the procedure of trial supervision, this interpretation is not applicable.