Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Free Guide to Hiring a Real Estate Lawyer
This guide explains key points of landlord-tenant law as it applies in Chengdu, China, and offers practical steps for people who need legal help. Landlord-tenant relationships in Chengdu are governed primarily by national law - especially the Civil Code - together with implementing rules, local administrative measures, and municipal practice. Whether you are a tenant renting an apartment, a landlord leasing residential or commercial space, or a foreigner living in Chengdu temporarily, understanding your rights and obligations can help prevent disputes and protect your interests.
Many landlord-tenant issues can be resolved by communication, but a lawyer is often necessary where rights are disputed or legal enforcement is needed. Common situations that typically call for a lawyer include:
- Deposit disputes where the landlord refuses to return the security deposit on move-out.
- Unlawful or forced evictions, or when a landlord seeks eviction without following legal procedures.
- Rent arrears by a tenant or disputes over rent increases and payment terms.
- Problems with habitability, major repairs, or safety defects that the landlord refuses to fix.
- Disputes about subleasing, assignment, or breaches of contract in commercial leases.
- Contract drafting and review to ensure lease terms are enforceable and comply with law.
- Cross-border or international tenancy issues affecting foreigners - for example, translation of contracts, residence registration, or visa-related complications.
- Enforcement of a court judgment or arbitration award relating to a lease dispute.
Key legal principles that apply in Chengdu are rooted in national legislation, with local implementation by Chengdu authorities. Important points to know:
- Governing law - The Civil Code contains the primary legal rules on lease contracts, defining general duties and rights of lessors and lessees, contract formation, performance, breach, and remedies. Local regulations and administrative measures supplement national law in practice.
- Lease contract formalities - A lease should be in writing and specify the parties, premises, term, rent, payment method, deposit, repair responsibilities, termination conditions, and dispute resolution. Written contracts are critical evidence in disputes.
- Security deposit and rent - There is no single national cap on security deposits, but common practice for residential leases is usually one to three months rent. Rent increases must be agreed by both parties and usually require written amendment to the lease.
- Repair and maintenance - Landlords are generally responsible for major structural repairs and ensuring the dwelling is habitable. Tenants must take reasonable care and may be responsible for minor repairs stipulated in the contract.
- Entry to the property - A landlord normally must give notice and obtain consent before entering a leased residential premises, except in emergencies.
- Sublease and assignment - Subletting or assigning a lease usually requires the landlord's consent where the contract or law requires it. Commercial leases often contain stricter rules and negotiated clauses on subletting.
- Termination and eviction - If a tenant breaches the lease, the landlord can demand cure, terminate the contract, and seek damages. Eviction of a noncompliant tenant typically requires an application to the People’s Court. Self-help evictions by changing locks or turning off utilities can be illegal.
- Tax and receipts - Rental income is subject to local taxation. Landlords should provide receipts or invoices where required. Tenants may request a receipt for rent paid.
- Short-term rentals - Short-term or holiday rentals face additional municipal controls and safety rules. Operators often need to meet local registration, safety, and taxation requirements.
- Foreigners and residence registration - Foreign tenants must follow public security rules for temporary residence registration. Landlords often assist with the information needed for police registration, but responsibility for timely registration remains with the foreign tenant.
- Local bodies - Chengdu municipal and district authorities issue administrative measures and oversee housing management. Local practices and enforcement mechanisms can vary by district, so matters are often handled at the district level.
A valid written lease should identify the landlord and tenant, describe the premises, state the lease term and start-end dates, set the rent amount and payment schedule, state the security deposit amount and conditions for return, allocate repair responsibilities, explain permitted uses and subletting rules, detail termination and notice procedures, and set dispute-resolution methods. Include signatures and dates for both parties. Keep copies and receipts for all payments.
No. In most cases a landlord must follow legal procedures before evicting a tenant. If a tenant refuses to vacate after a lawful termination or serious breach, the landlord should obtain a court order and use court enforcement. Changing locks, removing belongings, or cutting utilities as a method of eviction can be illegal and expose the landlord to liability.
First, document the condition of the property with photos and move-in/move-out reports. Send a written demand for the deposit with supporting evidence. If the landlord refuses, file a claim in the local People’s Court for the deposit and any related damages. Many disputes are resolved through mediation or small claims procedures. A lawyer can help prepare the claim and support court enforcement if needed.
Rent increases during a fixed-term lease require the agreement of both parties and a written amendment to the lease. For periodic tenancies, rent adjustments should still be mutually agreed. Unilateral increases or retrospective demands for higher rent are not enforceable without tenant consent unless the original contract allowed for specific adjustment mechanisms.
Major structural repairs and defects affecting habitability are typically the landlord’s responsibility. Tenants are usually responsible for ordinary maintenance and damage caused by misuse. Lease contracts often allocate specific maintenance duties, so check the contract. If the landlord refuses to make necessary repairs that affect safety or livability, a tenant may seek administrative assistance or a court remedy.
Verbal leases can be legally binding under Chinese law, but they are harder to prove and enforce. For clarity and protection, always use a written lease that records the parties’ obligations, payment terms, and other important conditions. Written agreements are strongly recommended for both residential and commercial leases.
Foreigners must comply with public security rules for temporary residence registration, which typically require reporting to the local police station within a prescribed time after arrival or moving into a new rental. Landlords or property managers commonly assist with the information needed for registration, but the tenant should confirm that registration is completed to avoid administrative fines or complications with visas or residence permits.
Commercial leases are more negotiable and often contain detailed clauses on rent adjustment, use restrictions, signage, assignment, subletting, fit-out responsibilities, and termination penalties. Parties typically rely on contract drafting and negotiation rather than statutory protections, so careful review and legal advice before signing are important.
A landlord should give notice and obtain consent before entering a residential rental property, except in emergencies. If unauthorized entry occurs, document the incident, notify the landlord in writing to demand that it stop, and seek mediation or police assistance if needed. Persistent or abusive behavior may support claims for breach of privacy and compensation.
Timing varies by case complexity and local court workload. Simple small-claims cases may be resolved in a few months, while contested disputes requiring evidence, expert appraisal, or enforcement can take longer. Mediation is often a quicker alternative. A lawyer can advise on likely timelines and choose the best dispute-resolution path based on the facts.
For help and authoritative information in Chengdu consider the following types of local resources:
- Chengdu municipal or district housing management departments or housing and urban-rural development bureaus - for administrative rules and housing policy inquiries.
- Local public security bureaus - for residence registration and temporary residence rules, especially for foreigners.
- People’s Mediation Committees - community-level mediators who handle many landlord-tenant disputes informally and quickly.
- District People’s Courts - for filing civil suits and enforcement of judgments.
- Chengdu Bar Association and local law firms - to locate qualified lawyers who specialize in landlord-tenant, real estate, and administrative law.
- Legal aid centers - if you have limited means you may be eligible for free or low-cost legal advice and representation.
- Tax authorities - for questions about rental income, invoices, and tax compliance for landlords and operators of rental housing.
If you need legal assistance with a landlord-tenant issue in Chengdu, follow these practical steps:
- Gather documents - Collect the lease, ID copies, payment receipts, photos of the property condition, written communications, and any relevant notices. Good documentation is essential.
- Communicate in writing - Make formal requests or complaints in writing and keep copies. Written records often resolve disputes or serve as evidence later.
- Try local mediation - Consider community mediation, the landlord-tenant committee, or a People’s Mediation Committee as a faster, lower-cost first option.
- Consult a lawyer - Contact a lawyer experienced in Chengdu landlord-tenant and property law for a case assessment, strategy, and written advice on your rights and likely outcomes.
- Consider legal aid - If you cannot afford a private lawyer, inquire about eligibility for legal aid services in Chengdu.
- File in court if necessary - If negotiation and mediation fail, your lawyer can prepare and file a civil claim, and help with enforcement of any judgment.
- Protect yourself going forward - When entering new leases, insist on clear written agreements in Chinese and a language you understand, keep records of all payments, and confirm registration or receipt obligations are met.
Legal outcomes depend on the facts of each case. This guide provides general information and does not replace personalized legal advice. If you are facing an urgent or complex dispute, consult a qualified lawyer promptly to protect your rights.
