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不少国家对住房租赁合同进行一定的社会控制,主要有宽严两种模式:租金管制和解约限制。从社会经济效果看,租金管制有助于保障住宅权,也有助于避免贫富分区和促进社会和谐,但会干扰市场规律,因而成本较高。以解约限制为中心的控制则不会过度偏离市场,同时可有效减少租赁合同中当事人的机会主义行为。由于中国目前城市自有住房比例较高,住房市场的主要矛盾是现有住房不足以满足城市化需求,因此不宜进行严格的租金管制,但修订城市房地产管理法、合同法,限制出租人解除住房租赁合同的权利,同时规定租金调整参酌市场水平进行,将有助于维护住房租赁合同的稳定,减少出租、承租双方的策略性行为,降低围绕续约的讨价还价成本,增进社会福利。
Many countries have some social control over the lease contract. There are two kinds of lenient modes: rent control and termination. From the perspective of social and economic results, rent control helps to safeguard the right to housing and helps to avoid the division of the rich and the poor and promote social harmony. However, it will interfere with the laws of the market and thus cost more. The restraint-centered control will not unduly deviate from the market and will effectively reduce the opportunistic behavior of the parties in the lease contract. Due to the high proportion of self-owned houses in China, the main contradiction in the housing market is that the existing houses are not enough to meet the demand of urbanization. Therefore, strict rent control should not be implemented. However, the Urban Real Estate Management Law, the Contract Law and the restrictions on the lessors’ At the same time, stipulating that the rent adjustment should refer to the market level will help to maintain the stability of the housing lease contract, reduce the strategic behavior of renting and renting parties, reduce the bargaining cost around the renewal and promote social welfare.