Landlord Disputes in China: A Foreigner's Guide to Tenant Rights

Rental disputes are one of the most common legal problems foreigners face in China. Whether it's a landlord refusing to return your deposit, trying to evict you early, or other issues, understanding your rights can help you protect yourself.

Common Rental Disputes

1. Deposit Not Returned

This is the most frequent complaint. Landlords may claim damages, cleaning fees, or simply refuse to return deposits. Chinese law generally requires landlords to return deposits within a reasonable time after lease termination, minus legitimate deductions for actual damages.

2. Early Termination by Landlord

Landlords cannot simply kick you out before your lease ends. Valid reasons for early termination include:

• Non-payment of rent
• Serious breach of lease terms
• Using the property for illegal purposes
• Subletting without permission (if prohibited)

Even with valid reasons, proper notice is required.

3. Rent Increases Mid-Lease

Landlords cannot raise rent during a fixed-term lease unless the contract specifically allows it. Any rent increase must follow the terms agreed in your lease.

4. Maintenance Issues

Landlords are generally responsible for major repairs and maintaining the property in habitable condition. Tenants typically handle minor maintenance.

Your Rights as a Tenant

Under Chinese law, tenants have the right to:

• Quiet enjoyment of the property during the lease term
• Return of deposit minus legitimate deductions
• Proper notice before any termination
• Habitable living conditions
• Privacy (landlord cannot enter without notice except emergencies)

How to Handle Disputes

Step 1: Review Your Lease

Check what your lease says about:

• Deposit amount and return conditions
• Notice periods for termination
• Maintenance responsibilities
• Dispute resolution procedures

Step 2: Document Everything

Gather evidence:

• Photos/videos of the apartment (move-in and move-out condition)
• All communications with landlord (WeChat, email, etc.)
• Payment records
• The signed lease agreement

Step 3: Communicate in Writing

Send a clear written message (WeChat is fine) stating your position and what you want. This creates a record.

Step 4: Seek Mediation

Many disputes can be resolved through community mediation committees (居委会) or property management. This is free and often effective.

Step 5: Legal Action

If other methods fail, you can sue in court. For smaller amounts, the process is relatively simple and inexpensive.

Deposit Disputes: Practical Tips

1. Take photos at move-in: Document the condition of everything
2. Get a detailed inventory: List all furniture and appliances with condition notes
3. Do a move-out inspection together: Have the landlord sign off on the condition
4. Keep all receipts: For any repairs or cleaning you do
5. Know what's "normal wear and tear": Minor scuffs and fading aren't damage

If You're Being Illegally Evicted

If a landlord tries to force you out illegally:

• Don't leave voluntarily if you have a valid lease
• Call the police if the landlord uses force or threats
• Document everything (photos, videos, witnesses)
• Seek legal help immediately

Landlords must go through proper legal channels to evict tenants. Self-help eviction (changing locks, removing belongings) is illegal.

Prevention: Before You Sign

1. Verify the landlord owns the property (check property certificate)
2. Get a proper written lease in Chinese (and English if possible)
3. Document the apartment condition thoroughly
4. Understand all terms before signing
5. Keep copies of everything