Study On The Protection Of Tenants’ Rights And Interests In "Rental Loans" Of Long-Term Rental Apartments

Since 2015,"encourages both renting an purchasing" has become the main direction of Chi na’s housing system reform,and government departments have supported enterprises engaged in housing leasing to use the platforms of banking financial institutions such as development finan ce to broaden financing channels and increase credit support for rental housing projects.Under the guidance of the government,various rental housing platforms and online lenders have starte d to cooperate,forming a "rental loans" business model for long term rental apartments in thro ugh the form of "long term rental apartments + finance",which has eased the financing proble ms of enterprises.However,a series of legal issues triggered by the "rental loans" model have also arisen,attracting widespread attention from various stakeholders,public media and legal sc holars.From the perspective of protecting the rights and interests of tenants of housing leases,promoting the development of the industry,and achieving a balance of interests of all parties,t his paper explores the current situation of the damaged rights and interests of tenants,and prop oses corresponding solutions based on this perspective.Based on the existing research,this paper focuses on the protection of tenants’ rights and interests from the perspective of tenants as financial consumers.This paper uses the method of literature analysis,case analysis and comparative study,to explain the definition of the concept of "rental loans" model of long term rental apartments and the legal relationship between the parties involved in this model.By analyzing the current situation of the legislation,judicial situation and the cases related to the "rental loans" model of long term rental apartments in China,we will sort out the specific problems of protecting the rights and interests of tenants under this model.This paper also analyzes the legislative experience of foreign countries in the protection of tenants and financial consumers,and summarize the experience and insights that are suitable for China’s national conditions and development needs.On this basis,we propose suggestions for the protection of tenants’ legal rights and interests under the "rental loans" model of long term rental apartments.First,improve the protection of tenants’ right to information,strengthen the obligation of relevant subjects to inform,and establish a credit system for information disclosure under the "rental loans" model.Second,improve the protection of the tenant’s right of choice,establish a cooling-off period system for the use of "rental loans," clarify the invalidity of the "rental loans" tying clause,and establish a system of related contracts between the lease contract and the loan contract.Third,improve the protection of the tenant’s property security,change the mode of supervision of the "rental loans" model,and optimize the supervision system of the capital pool.Fourth,improve the protection of lessees’ right to claim in accordance with the law,establish diversified dispute resolution channels,and establish rules for the mandatory assignment of lessees’ claims.In summary,based on the clarification of the legal relationship between all the parties,this paper explores the shortcomings of the current legal system in the protection of the "rental loans" model of long-term rental apartments,and puts forward targeted suggestions on the protection dilemma of tenants in practice,in an attempt to improve the legal defects that lead to the damage of the tenant’s rights and interests under this model,so as to achieve the protection of the rights and interests of the tenants while balancing the interests of all parties.This paper aims to provide a basis and reference for improving the protection of tenants’ rights and interests under the "rental loans" model of long term rental apartments of China in the future.