“城中村”房屋租賃相關(guān)問題探討

1、“城中村”房屋租賃相關(guān)問題探討discussion on the housing lease of "village in city"key words: "village inside city" house renting; hotel style management modeabstract: most of the villagers in city village rent houses for rent, but the rent is blind and contract termslack of identity registratio

2、n, loopholes in management, poor living conditions, and emergency situations are difficult to rescuefactors make the "city village/z housing lease serious problem. regulate the content of the contract, and make clear the relationship between rights and obligations,adopt "hotel type" m

3、anagement mode, strengthen the cooperation among the various government departments, is to solve the "city villagez/ housing rentalthe way out.z，village in city" and housing leasez，village in the city" means that in the process of rapid urbanization, the villages near the city are int

4、egrated into the wholethe land of a village, partially or wholly, is requisitioned by the city for the state, the land and the village which havenot been expropriatedthe original residence of the people still keeps the collective ownership system unchanged sociologists have surrounded these citiesin

5、 the countryside, the living function is mainly called ''village inside the cityv訂lage in the city has the following characteristicspoints: first, the village committee the villages in the new neighborhood cadres, the village is mostly the same,the management method basically follows the man

6、agement pattern of the former administrative village two, the villagers changed to urban accounts villagers no longerfarming for a living, lifestyle changes three, the villagers， ideas and values have been improved and investment in education has been improvedhave increased 一"city village，/, th

7、e identity of the villagers can change overnight, but the living environment, cultural background, bloodmargin, residenee and so on affect the quality of life of villagers in "'village inside city the main economy of villagers in ''village in city"the source is village collecti

8、ve economic dividends, small-scale business and rental housing income among them, through the rental housing for rentgold is a relatively stable economic source for villagers in most villages in high housing prices, urban rentcontinued to rise in the background, "city v訂lage" rental housin

9、g has become very hot according to a number of intermediaries statisticsshow, guangzhou rent price has been 3 consecutive months of price and trading volume rose, since july 2010,"city village，/ housing rental volume surged 4, 5 into. "city village，z, the villagers see rental housing beltt

10、he proceeds have been in the disposable land and space, densely built illegal buildings, and some simply demolishedoriginal houses, without permission, built multi-storey buildings to rentvillage in the city" is the product of the urbanization process, with dual characteristics of rural and urb

11、an areas, and can not be managedthere is no special law, so that "city village" housing lease is like the "monster" in urban constructionfalse prosperity phenomenon.the main reason for false prosperity of housing lease in village with in the city"low price and convenient tra

12、nsportation. "city village" rental housing unpopular, the main reason is low pricesthe rent is about 50 to 200 yuan less than the near by city, which attracts a large number of migrant workers and universitiesborn and newly employed low-income people convenient transportation, convenient l

13、iving and work, but also people willing to rent "city"one of the reasons for the village housing but the price is determined by the cost, and the lower price is bound to lower the pricehousing and ancillary facilities investment, if not controlled, can easily lead to malicious competition,

14、 and even lead to criminal cases,is not conducive to the orderly development of the rental marketcity rent soaring, z，ant tribe" into the ''village in the city since march 2010, countries have come out one after anothertaiwan，s strict property market regulation policy, property buyers t

15、o cash in on both sides of the game caused by the wait-and-see mentalitythe price of the national rental market has been stimulated the soaring rents in the city forced the moonlight collar to move''village in the city", the chinese academy of social sciences issued the "china tale

16、nt development report (2010) shows that the age range22, 29 years old, monthly wages of 1956 yuan of low-income groups, mostly living in the city around the cityinside villageunit housing transformation, the nearby "city village，z to attract tenants in today，s high housing prices, manylocal uni

17、ts of the original cottage or old buildings demolished to build high-rise residential, it can not only alleviate the housing shortage, but alsocan improve the quality of life of employees but this demolition will last about 1 or 2 years, during the demolition period ''village in the city&quo

18、t;rental housing turnover is relatively largeproblems of housing lease in "village in town""'villages in the city" after the withdrawal of the village built, according to common sense, the original villagers should be thesame as urban residents, enjoy the sametreatment but at

19、 present, there is no uniform standard for the transformation of "'village in the city", nor is there any special law to regulate itfan. in the urban and rural mezzanine in the ''village in the city", the villagers are attracted by interests, making housing leaseserious pr

20、oblemthe price is blind and the contract terms are lacking the lease of ''village inside city" is simple in form and extensive in managementdifficult to grasp, the proceeds can not be guaranteed. some villagers in order to obtain high returns, the rental price set high,lead to long-term

21、 empty lease, and some of the lower prices with the lessee signed a long-term lease contract, so that the house does notsuihangjiushi, lost a lot of. the terms of the contract are short, and once disputes are difficult to resolve owing to the terms of the contractthe main types of disputes include:

22、1. the validity of the con tract some rental households are not required to have other co ownersin the case of italy, there is a dispute over the rental of housing; some houses are illegal buildings and the housing demolition contracts areafter the termination of the contract, the contract is valid

23、and the dispute arises; some houses do not meet the safety standards and cause disputes;some lease con tracts because there is no dispute over the record, and so on. two. rescission of contract there is no lease or leasethe lease contract for the lease term shall be subject to dispute between the le

24、ssor or the lessee, if the other party does not agree, and the lessee shall be allowed to sublet the lease without authorizationthe lease contract has been discharged from the dispute, and the lessee will decorate or rebuild the house without the consent of the rental housein addition to the dispute

25、, the death of the lessee, the other resident request continued lease, and the other party does not agree to the dispute, and so on.three, breach of contract liability disputes not pay the rent on time, arrears of rent; did not provide housing in time, failed to perform repairsobligations, no securi

26、ty guarantees, and deposit and deposit awareness vary, and so on.without identity registration, there are loopholes in management"city villagez，cheap rent attracted many foreignmigrant workers come to live here because of the complexity of the staff, it is prone to disorder 2006, zhengzhouaccor

27、ding to statistics from the municipal public security bureau, 85% of the public security and criminal cases found in zhengzhou occurred in the accumulation area of the floating population''village in the city，85% for the ''village in the city" living floating population crime, 8

28、5% victims are rentersii. the "'village in the city" housing, pay sufficient deposit, ready to lease, because without identity registration, management depositin the case of a criminal case, it is difficult for the police to solve the casepoor environment, once an emergency, residents

29、are difficult to get relief in a timely manner the foundation of ''village in the city"shi boruo, dra in age, water supply, power supply are not in place, illegal construction concentrated, housing decoration is not required, mininglight and ventilation are bad, all sorts of pipeline di

30、sorder, garbage disaster, narrow streets and crowded, once happened tightemergency situation, ambulance, sanitation, fire and other vehicles can not pass normally. in addition, the，zcity village/， housing leasemay be a lot of black places shelter evil people and countenance evil practices, black cli

31、nics, workshops, marketing, selling and producing fake densprostitution dens may be concentrated in the "village in the city."city village" housing rental management involvingpublic security, the cityadministration, industry and commerce, taxation, housing management and other departm

32、ents urgently need to be regulated by law.legal regulation of housing lease in village in cityit is a common task for all departments of the government to effectively incorporate the lease of ''village in town" into the legal system trackthe common aspiration of all walks of life and re

33、ntal parties in this regard, the author believes that the following aspects should be implemented:regulate the contract, make clear the relationship between rights dnd obligations a contract is a contract between the partiesthe real meaning of the contract should be reflected in the contract but the

34、 rights and interests of both parties should be protected by lawthe content must be legal the existing laws governingcontractual relations are mainly the general principles of the civil law of the people，s republic of chinaand the ''contract law of the people，s republic of china", these

35、 two laws have been sufficient to determine the rights and obligations of the contract content, exceptin addition, there are "people's republic of china urban real estate management law，z and the ministry of construction of the original urban housing.measures for the administration of house

36、 lease in accordance with the re leva nt provisions of the above and in accordance with the actual situation, in the clear rights and obligationswe should pay attention to the following points: first, in view of the blindness of the villagers, draw up the government guidance price for the city，village/，housing rental prices, the local government departments may be in acco