Can Fixed Term Building Lease solve the vacant house problem?

2016 Fiscal Year Final Research Report

• Project/Area Number: 25380123
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Civil law
• Research Institution: Waseda University
• Principal Investigator: AKIYAMA Yasuhiro 早稲田大学, 法学学術院(法務研究科・法務教育研究センター), 教授 (10298094)
• Project Period (FY): 2013-04-01 – 2017-03-31
• Keywords: 定期建物賃貸借 / 空き家問題

Outline of Final Research Achievements

Because of the legal nature that the lease contract ends when the duration expires, Fixed Term Building Lease (Article 38, Act on Land and Building Leases) can encourage owners of vacant houses to use the house as a rental housing and contribute to solving the vacant house problem. However, from the analysis of practical examples and the discussion of German law, it is important to consider the point of view such as establishing a relationship of trust with the lessee, securing a fixed rent income, profit of the lessee, cooperation of nonprofit organizations, burdens of repair costs. Therefore, Fixed Term Building Lease will lead to the effective solution of the vacant house problem by collaborating with various approaches based on these viewpoints.

Free Research Field

民法