Research On Legal Regulation Of Long-term Rental Housing

In recent years,with the deepening of urbanization,the influx of a large number of people into cities has caused complex and realistic housing problems.In order to solve the housing contradiction in cities and better meet people’s multi-level housing needs,the state has repeatedly put forward the requirements of "speeding up the improvement of long-term rental housing policy and standardizing the development of long-term rental housing".Under the housing system of "both rent and purchase",how to keep the long-term stability of the lease relationship from the legal level has caused many thoughts.The research on the legal rules of long-term rental housing is aimed at the shortcoming of long-term rental housing,based on the problems in the development of long-term rental housing in recent years,focusing on the essence of how to ensure the stability of the rental relationship,combining with the development experience of foreign rental housing,and from the legal perspective,analyzing and exploring the legal regulation path of long-term rental housing.This paper is divided into four parts,namely:The introduction part starts with the huge housing demand and the government’s policy tendency in recent years,explaining the realistic background of this research,while the significance of the research is expounded from the economic and social perspectives.Then,it sorts out the research status at home and abroad and introduces the research ideas and methods.The first part is the theoretical discussion on the legal regulation of long-term rental housing.Starting with the concept of long-term rental housing,this paper defines the concept of long-term rental housing by defining its position in the existing housing system and defining the research scope of this paper.After introducing the theory of legal regulation,this paper discusses the necessity of legal regulation of long-term rental housing from three aspects of politics,economy and society.The second part is the comparative study and reference of the legal regulation of long-term rental housing.Based on the existing research,this paper selects Germany,Japan and the United States as the research objects,sorts out their development history of housing lease,summarizes their practical experience on the stability of the legal relationship of housing lease,and explores the possibility of learning from the experience based on the development reality of long-term rental housing in China.The third part,the deficiency of legal regulation of long-term rental housing.This paper sorts out the current situation of legal regulation of long-term rental housing in China,and points out that the lessee’s basic housing rights and basic public service rights are not guaranteed enough,which makes the lessee’s long-term rental intention weak.At the same time,the lack of rent regulation and the lack of restrictions on the lessor’s rescission right lead to the instability of the lease relationship,which makes the lessee unable to solve their housing needs through long-term lease,and affects the stability of the lease relationship.The fourth part,the path to improve the legal regulation of long-term rental housing.In view of the problems from the above analysis,and focusing on the essence of stable long-term rental relationship,this paper puts forward some suggestions on legal regulation of long-term rental.First,in terms of protecting the rights and interests of the lessee,it is proposed that the implementation of the right to rent and purchase should be guaranteed by law,and the contents and standards of basic public services should be defined.Secondly,in terms of rent regulation,based on China’s actual situation,it is proposed to make necessary restrictions on rents,stipulate that regional reference rents should be published for the reference of all parties in leasing activities,and strictly limit the range of rent changes,so as to keep rents relatively stable.Thirdly,in the aspect of contract rescission right,it is proposed that the lessor’s contract rescission right should be restricted according to different types of housing lease contracts,and the lessor’s contract rescission right should be restricted.