On the Dilemmas and Resolutions Regarding the Legality of the Lessee's Priority in House Leasing
The lessee's priority in house leasing should be defined as the right of formation.The dilemma of priority in house leasing in judicial practice mainly includes the difficulty and unpredictability in dis-cerning the lessor's willingness to continue renting,the difficulty in grasping equivalent conditions,its tendency of expansion,and the inadequacy of relief.In view of this,possible resolutions may stem from clarifying the exercise period,refining"equivalent conditions",and expanding the methods for relief.It is necessary to clarify that the defined exercise period of the priority in house leasing objectively regulates the lessor's subjective will.And the determination of"equivalent conditions"should follow the"relative equality theory",maintaining absolute equality in rent,payment methods,and lease duration.Other fac-tors should be judged based on standards of ordinary people in society to determine whether they have a significant impact on the economic interests of the lessor and whether they are true and reasonable,to fur-ther determine whether equality should be maintained.The priority in house leasing,as a right of forma-tion,is inviolable and has only relative effect after being exercised.The lessee has the priority of per-forming the contract as stapulated in procedural law when legally occupying the house or after having gone through registration and filing procedures.Meanwhile,when the lessor performs his lease contract with a third party,the lessee is unable to demand further performance due to the loss of performance basis,but is entitled to seek compensation for incurred loss.
priority in house leasingright of formationequivalent conditionsremedies
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