《住房租赁保护法》修订存在的问题及对策

Danbie Choi
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As the result, the portion of monthly rent is increased in the market and vicious circle which are increase of deposit money of Chonse, monthly rent fee and the tenant’s hosing expense is caused. Next, when a lease agreement is renewed, deposit may be increased within 5%. Therefore, the deposit money rises sharply because the landlord decides the deposit money when new lease agreement is made considering inflation rate, depreciation of the house and the increase ration comparing with the neighborhood during 4 years which are the period the landlord cannot increase the deposit money. \nThese problems of revised Housing Lease Protection Act are caused from the application the Act to the every house of whole country all at once. Designation of region where the resident stability of tenant is required relatively strong and range of economical weak who cannot pay the increase deposit money and rent fee is required. 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引用次数: 0

摘要

《住房租赁保护法》修订后,其存在的问题受到了很多人的批评。起初,由于采用了租户的续约请求权,现有租户溯及既往地行使了续约请求权,从而减少了Chonse的供应。另外,如果房东以现有的租客合同出售房屋,购买该房屋的新房主不能与现有租客行使续约请求权。因此,如果已经签订了房屋租赁合同,房东很难出售房屋,因此他们逐渐选择自己居住。这就造成了月租在市场上所占的比重增加,造成了房屋押金、月租、租客住房费用增加的恶性循环。其次,续租时,押金可在5%以内增加。因此,由于房东在签订新租赁协议时,考虑到房屋的通货膨胀率、折旧率、与周边地区相比的增长比率等4年内不能增加押金的因素,所以押金大幅上涨。修订后的《住房租赁保护法》出现的这些问题,是由于该法案一下子适用于全国每户家庭而引起的。指定租户居住稳定性要求较强的地区和不能支付增加的押金和租金的经济薄弱范围。如果该法仅适用于在本区域内订立的租赁协议,且经济范围较弱,则可以解决这一问题。本文结合美、英、德三国的立法案例,针对该法适用的这一局限性,提出了以下解决方案。首先,每隔一段时间就需要确定优质住房供应不足、租金大幅上涨的地区的标准。该法只需要适用于这些领域。其次,当业主对房屋投入了巨大的改善费用时,可以考虑不适用续签合同或签订新合同时增加定金的限制。第三,如果租赁费较高或与家庭收入超过一定标准的租客达成协议,可以考虑排除该法的适用。第四,对于空置一定时间的房屋,可以考虑排除适用该法,每隔一段时间重新进行评估。第五,可以考虑对受该法案规制的租户给予税收优惠。第六,在决定上调保证金或租金的限度时,要考虑到反映通货膨胀和房屋改善成本的因素。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Problems of revised Housing Lease Protection Act and the solution
After the Housing Lease Protection Act is revised, the problems of revised Act was criticized by many people. At first, adoption of the tenant’s right of request for renewal of contract makes supplies of Chonse to reduce because existing tenants exercise the right of request for renewal of contract retroactively. In addition, when the landlord sells the house with the existing Chonse contract, the new owner of the house by buying the house cannot against with the existing tenant’s exercise the right of request for renewal of contract. Therefore, the landlord has difficulty to sell the house if the house has existing Chonse contract so they choose to live the house by themselves gradually. As the result, the portion of monthly rent is increased in the market and vicious circle which are increase of deposit money of Chonse, monthly rent fee and the tenant’s hosing expense is caused. Next, when a lease agreement is renewed, deposit may be increased within 5%. Therefore, the deposit money rises sharply because the landlord decides the deposit money when new lease agreement is made considering inflation rate, depreciation of the house and the increase ration comparing with the neighborhood during 4 years which are the period the landlord cannot increase the deposit money. These problems of revised Housing Lease Protection Act are caused from the application the Act to the every house of whole country all at once. Designation of region where the resident stability of tenant is required relatively strong and range of economical weak who cannot pay the increase deposit money and rent fee is required. When the Act is applied only to lease agreement which are made in the region and with the range of economical weak, the problems can be solved. For this limitation of the application of the Act, the following solutions are suggested in this article referring to the legislation cases of USA, England and Germany. First, deciding the standard of the area where the supply of the high quality house is insufficient and rent fee is increased sharply is required for every certain period. The Act needs to be applied only to these areas. Second, excluding application of limitation on increase of deposit money when the agreement is renewed or new agreement is made can be considered when huge improvement cost is invested into the house by the landlord. Third, excluding application of the Act when the agreement for the house where the rent fee is high or with the tenant who household income is over the certain standard can be considered. Forth, excluding application of the Act into the house where is vacant for certain period and evaluating the house again for every certain period can be considered. Fifth, providing the tenant who are regulated by the Act with a tax favor can be considered. Sixth, Reflection of inflation, improvement cost of the house needs to be considered when the limitation on increase of deposit money or rent fee is decided.
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