Research On The Legal Regulation Of The O2O Long-term Rental Apartment Business Mode

O2O(online to offline)long-term rental apartment leasing is a new housing leasing model that has emerged in recent years.With the business model of "Internet plus platform" and "long-term rental apartment+finance",the number of long-term rental apartment enterprises has grown rapidly in recent years.However,some long-term rental apartment companies blindly pursue profits,and in the process of operation,they have engaged in operations that break through legal boundaries,such as alienating "rental loans" as financing tools,which violates the rights of lessors and lessees and even disrupts financial order.At the same time,there is still a lack of systematic institutional norms for the operation of O2 O long-term rental apartments.It can be considered that the O2 O long-term rental apartment business model not only brings convenience to the rental market,but also contains a large number of operational risks that urgently need to be addressed by law.This article is based on the analysis of judicial cases related to O2 O long-term rental apartments,supplemented by on-site research results,to explore various legal relationships in the O2 O long-term rental apartment business model,comprehensively examine the risks of damage to the rights and interests of all parties,and propose targeted prevention suggestions to promote the standardized operation and healthy development of the O2 O long-term rental apartment business model.This article consists of four chapters,in addition to the introduction and conclusion.The content of chapters one to four is briefly described as follows:Chapter 1,Overview of the O2 O Long Term Apartment Business Model.Firstly,the main concepts,operating models,advantages,and the current development status of the O2 O long-term rental apartment market,as an emerging commercial operation,were introduced.Secondly,it summarizes several major legal characteristics of its business model compared to traditional offline rental housing,such as diverse transaction subjects,complex legal relationships,and greater risk of equity damage.Finally,it analyzes the legal relationships between multiple parties involved in the commercial operation of long-term rental apartments.This includes an analysis of the commission and leasing relationship between apartment companies and landlords,the leasing relationship between long-term apartment companies and tenants,the financial lending legal relationship between loan institutions and tenants,and the guarantee legal relationship between long-term apartment companies and loan institutions.Chapter 2: The necessity of legal regulation in the commercial operation of O2 O long-term rental apartments.This chapter analyzes various risks that arise in the operation of long-term rental apartment enterprises,including operational risks,accumulated financial risks,risks of infringing on the rights and interests of landlords and tenants,as well as criminal risks suspected of fraud and endangering public safety.Due to the numerous risks that long-term rental apartment companies face in their commercial operations,there is an urgent need for legal regulation.Chapter 3: Current Status and Defects of Legal Regulations on O2 O Long Term Apartment Business.This chapter first sorts out and analyzes the current status of the central government’s normative documents on the commercial operation of O2 O long-term rental apartments from 2015 to present.Then,it analyzes the shortcomings of relevant legal systems,mainly including the inadequate legal system for housing leasing,simple regulations for long-term rental apartment operation,incomplete financial regulatory regulations,and a lack of rights and interests protection system,Provide suggestions for the improvement of legal regulations in the commercial operation of O2 O long-term rental apartments in the next chapter.Chapter 4: Legal protection of the rights and interests of all parties in the O2 O long-term rental apartment business model.In response to the risk of damage to the rights and interests of different entities,legal measures and suggestions have been proposed for the protection of the rights and interests of tenants and landlords,the protection and standardized operation of apartment enterprises and loan institutions,and the protection of public interests.In terms of protecting the rights and interests of tenants,firstly,measures such as establishing an information disclosure system,inverted burden of proof system,and formulating standard lease contracts are proposed to safeguard tenants’ right to know and promote their rights protection;Secondly,it proposes to jointly deal with the lease and loan contract to break through the judicial treatment problems caused by the privity of contract.In terms of protecting the rights and interests of landlords,long-term rental apartment enterprises,and loan institutions,corresponding suggestions are also proposed from legislative and market regulatory perspectives.Finally,in terms of public interest,it is emphasized to propose various regulatory measures for the "rental loan" business,strictly limiting the negative expansion of its loan business on the impact of apartment rental business;In addition,the establishment of a national rental credit information management platform aims to achieve transparency in rental information for all parties,improve regulatory efficiency,and safeguard the rights and interests of all parties.