민간임대주택특별법상 공정 계약을 위한 법적 연구

Abstract

The purpose of this Act is to relieve the people's residential life by promoting the supply of private rental housing through the construction, supply and management of private rental housing and the cultivation of private housing rental businesses under the Special Act on Private Rental Housing. However, practical problem occurred from “Supply and management of private rental housing” is followed as below: Firstly, rental housing business can have liquidity risk because it is long-term business by investing much money and private rental housing providers may limit their ability to maintain publicity in that leased housing. Secondly, effects is difficult to predict according to housing market regardless of big support from the state in rental housing business. In the procurement of national housing funds, the national funds are not stable in the long term because the national housing bonds are closely related to the housing market. Thirdly, in recent, there has been a case in which rental housing businessmen have made unfair contracts with tenants, for example, by renting their own rentals through a so-called "trick-and-care contract", raising the monthly rent at the discretion of the tenant, Is surging, which is a concern for the process contract. Fourthly, even if the leasing company raises the rent excessively, it is not easy for local governments to return it. Some rental companies raise rents up to 5% per year, which is the maximum level, without consideration of prices. The tenant representative meeting is not an essential organization but merely, it is only an institution to consult with leasing companies. It hinders the exercise of the rights of the tenant representative meeting. In other words, even if the management contract is made with the consent of the residents, it can not be carried out properly. The problem about “Supply and management of private rental housing” can be resolved by suggested improvement as follows: Firstly, the intervention of the housing market of the country should be active in order to maintain the publicity of the rental housing. In order to guarantee the tenant's right to housing, it is desirable to provide direct support methods such as granting subsidy to the tenant, granting renewal of contract, and establishing a basic residential environment. In other words, it is necessary to intervene the government in the housing demand in terms of rental housing market demand. Secondly, in addition to the contractor who supplies the rental housing, the various benefits of the rental housing should be given to the general public who are the leasing company or the consumer. It is necessary to clarify the range and limit of the financial support for the profitability and stability of the rental housing for the construction companies and the tax benefit. Also, management is necessary for the construction and operation of the urban housing money management. Thirdly, the lease contract should be happened so that a fair contract can be concluded using the real estate standard lease contract, and if the unfair act should be accompanied which is strictly sanctioned through strict examination of the Fair Trade Commission. Fourthly, the rent regulation need to be limited the increase of the lease amount through the upper limit of the month, or to be set a chime or deposit according to the criteria and ratio by the Presidential Decree. Fifthly, in the management of private rental housing, the tenant representative meeting should be legally recognized as an obligatory organization. The tenant representative meeting should be given the rights and responsibilities of property rights in all decisions and expenditure on facility management of rental housing.