“租购同权”目标下承租人的解约保护

On the Protection of The Lessee by the Dissolution of the Housing Lease Contract

住房是人类生存的基础,住房租赁合同不能严格遵守合同自由原则,而应当表现出保护承租人安定生活的社会保障品质。在住房租赁关系中,承租人保护的核心是租赁关系存续保护,保护租赁关系存续也是实现"租购同权"的基础,其关键之处是承租人的解约保护制度。在承租人严重违约的情况下,出租人在行使非正常解除权之前应当对承租人提出"警告"。出租人正常解除租赁合同必须有合法利益。承租人有效解除租赁合同后,若解除租赁关系给承租人带来严重困难,承租人有特别解除异议权,要求推迟解约时间或者恢复租赁关系。

Housing is the foundation of human survival. Housing lease contract cannot strictly abide by the principle of freedom of contract. But it should show the social security quality of protecting lessees' life. In the housing lease relationship, the core of the tenant protection is the protection of the lease relationship, which is the key point of the charterer 's settlement protection system. In the case of a serious breach by the lessee, the lessor should give a "warning" to the lessee before exercising the abnormal right to dissolution. The lessor's normal release of the lease contract must have legal interests. If the lessee effectively terminates the lease contract and the lifting of the lease relationship brings serious difficulties to the lessee, the lessee has a special right to dissolve the objection, which requires to postpone the time to cancel the contract or to restore the lease relationship.