Research On The Legal Relationship Of Long-term Rental Apartments—protecting The Rights And Interests Of Lessee From The Perspective Of Administrative Law

Long-term rental apartments are not only an emerging force to promote the upgrading of the traditional rental market,but also the main way to solve the housing problem of migrants in big cities.In the long-term rental apartment model that does not involve rental loans,it includes three parties: homeowners,long-term rental apartment companies,and tenants.In order to explore the protection of the rights and interests of the lessee under the long-term rental apartment model,this paper first briefly defines the long-term rental apartment and briefly explains the legal relationship between the owner,the enterprise and the tenant.Secondly,through the analysis of the status quo of tenant protection under the long-term rental apartment model,mainly from the legislative status quo and judicial rights protection.The main basis for protecting the rights and interests of lessees at the legislative level is the Civil Code,which is also the main basis for judicial decisions.However,its protection for sub-tenants is extremely limited.The judicial level is nothing more than the lessee’s rights protection through judicial channels.In order to further understand the current situation of the lessee’s rights protection in judicial practice,judicial cases involving long-term rental apartment contract disputes were selected for analysis,and some problems were found.There are differences in the characterization of the legal relationship,and it is found that the protection of the rights and interests of the lessee is insufficient under different determinations.Since the lessee cannot be repaid in a timely and effective manner from the perspective of civil law rights protection,this article attempts to think about the necessity and legitimacy of protecting the lessee from the perspective of administrative law.Finally,it is found that the participation of administrative organs has its unique advantages,which can better meet the demands of the lessee to solve the problem in a timely manner,and can protect the rights and interests of the lessee from the root by strengthening the management of long-term rental apartments.