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Contractual Freedom Versus Tenancy Law

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  • Schmitz, Patrick W.

Abstract

We study a two-period principal-agent model of rental housing in which a landlord (principal) offers a contract to a tenant (agent). After the first period, a cost shock may occur that increases the landlord's cost of providing the apartment in the second period. Two scenarios are compared. In one scenario, there is full contractual freedom, while in the other scenario, there is a tenancy law requiring the landlord to continue renting in the second period if the apartment was rented in the first period. Under symmetric information, gains from trade in the tenancy law regime can never exceed those under contractual freedom. However, we show that when the tenant has private information, the tenancy law can lead to strictly higher gains from trade.

Suggested Citation

  • Schmitz, Patrick W., 2026. "Contractual Freedom Versus Tenancy Law," CEPR Discussion Papers 22104, Centre for Economic Policy Research.
  • Handle: RePEc:cpr:ceprdp:22104
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    Keywords

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    JEL classification:

    • D86 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Economics of Contract Law
    • D82 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Asymmetric and Private Information; Mechanism Design
    • K25 - Law and Economics - - Regulation and Business Law - - - Real Estate Law
    • R31 - Urban, Rural, Regional, Real Estate, and Transportation Economics - - Real Estate Markets, Spatial Production Analysis, and Firm Location - - - Housing Supply and Markets
    • R38 - Urban, Rural, Regional, Real Estate, and Transportation Economics - - Real Estate Markets, Spatial Production Analysis, and Firm Location - - - Government Policy

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