The reporter learned from the Supreme People's Procuratorate today that in 2023, the procuratorial organs handled more than 1000 supervision cases related to housing leasing, effectively safeguarding the legitimate rights and interests of the parties involved and promoting the standardized, stable, and healthy development of the housing leasing market. It is reported that the procuratorial organs have found through case handling that some common issues in the housing rental market should be given special attention: firstly, unclear rental agreements can easily lead to disputes. Some lessors and lessees have unclear agreements on the terms of rent, which can easily lead to disputes. The second reason is that the lessor failed to effectively assume the liability for defect guarantee, resulting in the termination of the lease agreement. From the perspective of guarantee liability for defects in rights, some lessors conceal ownership defects in the rented property, resulting in ownership disputes and third-party claims of ownership, which leads to the inability of the leased property to be used normally. From the perspective of the guarantee liability for defects in property, in judicial practice, there are also many disputes caused by the lessor's failure to effectively assume the guarantee liability for defects in property. The third reason is that the lessee failed to fulfill their reasonable duty of care and invested heavily in renovation, resulting in losses. "Combining supervision and case handling, the procuratorial organs remind all types of lessors, lessees, and market entities to enhance their awareness of the rule of law, actively take measures to prevent potential transaction risks, and effectively protect their legitimate rights and interests in the process of renting houses. The head of the relevant department of the Supreme People's Procuratorate stated that lessors and lessees should anticipate risks, clarify rental payment standards, and choose rental payment methods based on actual situations to fulfill their obligations in good faith.". Both parties should clarify the purpose of renting the property, and the lessor should bear the responsibility of defect guarantee to ensure that the property can be used safely and normally, with no disputes over ownership, and can achieve the purpose of the contract. Before signing the contract, the lessor should fully communicate and negotiate with the lessee, clearly agreeing on whether renovation can be carried out, as well as the calculation standards and sharing methods for residual value losses and business losses after the contract is terminated. The lessee should also conduct on-site inspections of the leased property to avoid blindly investing in decoration costs and causing losses, while increasing the cost of rights protection. (Lai Xin She)
Edit：Zhoushu Responsible editor：Wang Chen
Source：jcrb.com
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