주택임대인의 지위승계와 임차인 보호

Protection of lessees in the succession of lessor s status at the housing lease protection law

When the position of a lessor is becoming to success from an assignor (also lessor) to an assignee at the housing lease protection law, also the returning debt on assurance deposit justly becomes succession, in this case, it must interpret that a lessor have to stand on the position of guarantor, in case of returning assignee s the debt on assurance deposit. In this case, to remove the margin of criticism, the regulation is earnestly demanded the same as BGB § 566th a. This regulation is become to help a lessee who isn t protected at the housing lease protection law in case of problem about the returning debt on assurance deposit also. Namely, this regulation will become to help in true feelings to the weak in our society, which stand on the position of a lessee with reason which assurance deposit is only cheap, though he will know or not know about that it cannot be guaranteed returning on assurance deposit from exchange value of the residence. Also it will be able to prevent the act which is to transfer it, in the objective which will evade deposit returning in conspiracy with a lessor and an assignee. I don t think that it hangs in principle of fairness or principle of providence sincerity that a lessor is to stand on guarantor position, when it considers the fact that is escaped from the position of a lessor, to return investment gold himself which is to return assurance deposit during contract period. Because the position succession regulation of a lessor is imperfect, I think that it must be able to exclude the application in case of which a lessee is not protected. In this case, the ground on the revocation of contract is recognized in principle of fairness or principle of providence sincerity, but it must be compensate for damages on the trust damage such as emigration expense. In order to remove the argument on the interpretation about it, I propose the new regulation in 3th 2nd clause of the housing lease protection law that but, lessee is able to cancel a contract within reasonable period, in this case, he is able to require the lessor damages which is able to escape, if he isn t to assign the residence to an assignee.