Research On The Protection Of Tenants' Rights And Interests Under The Long-term Rental Apartment Mode

Long-term rental apartments,together with “rental loans”,have emerged as a new business in China’s housing leasing market,and after rapidly occupying the market and meeting the needs of many parties,they have also revealed many problems.The imperfect system of protecting tenants’ rights and interests,the lax supervision of capital pools and the ineffectiveness of related remedial measures have led to the violation of tenants’ rights and interests during the operation of the “rental loan”model of long term rental apartments,which to a certain extent has affected the housing rental market and consumer credit market and disrupted their normal operation.Therefore,from the perspective of combining theory and practice,it is particularly important to analyze and study the current problems of tenant rights and interests protection in China and propose measures to improve the tenant rights and interests protection mechanism in China’s housing leasing system.This paper discusses the protection of tenants’ rights and interests under the operation mode of long term rental apartments from the following four parts.The first part is a theoretical definition of the protection of tenants’ rights and interests in the long term rental apartment model.This part firstly introduces the basic concept of long term rental apartments,clarifies the basic concept of long term rental apartments and the meaning of “rental loans”,and then discusses the legal relationship between the parties in long term rental apartments and the necessity of protecting tenants,which provides a theoretical basis for the next step.The second part discusses the legal relationship between the parties in the long-lease apartments and the need to protect the tenants.The second part discusses the legal problems of protecting the rights and interests of tenants in this model,firstly analyzing the current legal situation of protecting the rights and interests of tenants in China,focusing on the problems of the vacancy of protecting the rights and interests of tenants,the fraudulent signing of loan contracts by the long-lease platform and the ineffectiveness of remedial measures.The third part is about the protection of tenants’ rights and interests under the vision of “rental loans”of long term rental apartments.The third part is mainly about the experience of extraterritorial law and analysis.In this part,we will collect and analyze the experience of extraterritorial law in housing leasing and financial consumption platforms,in order to find the experience that can be learned from the protection of tenants’ rights and interests in extraterritorial law.In the fourth part,based on the previous arguments,we will try to propose solutions for the protection of tenants in long term rental apartments.Firstly,the content of the right to cancel the contract in the housing lease contract should be refined,and the contractual position between the operating platform and the owner of the house should be clarified.Secondly,the tenant’s rights and interests should be protected in all aspects through the introduction of guarantee insurance and affiliated contracts.In the event of abnormal operation and “mine-running” of long term rental apartments,an efficient and complete dispute resolution model is also necessary,and it is suggested to establish a non-litigation dispute resolution mechanism or optimize the litigation procedure for such cases.Finally,it is necessary to protect the rights and interests of tenants while strictly regulating the platforms of long term rental apartments,and to clarify the supervisory authority of long term rental apartment platforms.