论房屋承租人的优先购买权

On the Right of First Refusal for Housing Tenants

随着房地产市场的蓬勃发展,房屋租赁需求急速增长,然而这也伴随着一系列与承租人权益相关的问题。为了保护承租人的权益,赋予承租人优先购买权,优先购买权的法律性质应当属于形成权,且权利的行使主体应为居住用途的承租人,出租人需要在出卖前的合理期限内通知承租人。在同等条件下,承租人享有优先购买权,但房屋承租人行使优先购买权时存在例外情形。

With the booming development of the real estate market, the demand for housing rental is growing rapidly;however, this is also accompanied by a series of problems related to the rights and interests of the lessee. In order to protect the rights and interests of the lessee, the lessee is given the right of first refusal, the legal nature of the right of first refusal should belong to the formation of the right, and the exercise of the right of the main body of the lessee for residential purposes, the lessor needs to be notified of the lessee within a reasonable period of time before the sale. Under the same conditions, the lessee has the right of first refusal, but there are exceptions to the exercise of the right of first refusal by the lessee of a dwelling.