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Free Guide to Hiring a Real Estate Lawyer
Landlord and tenant relationships in Xiamen are governed primarily by national civil law - most notably the Civil Code of the People’s Republic of China - and by local regulations and administrative measures that supplement national rules. Practical issues are shaped by Xiamen’s urban housing market, property management systems, and growing private rental sector. Disputes are usually resolved by negotiation, community mediation, administrative intervention or, where necessary, by filing a civil claim in the local people’s court. For foreign tenants, additional obligations such as temporary residence registration with the local public security bureau often apply.
A lawyer can help protect your legal rights, avoid costly mistakes and navigate procedural requirements. Common landlord and tenant situations that benefit from legal advice include:
- Drafting, reviewing or negotiating lease contracts so terms are clear and enforceable.
- Recovering a security deposit withheld after lease termination.
- Responding to unlawful eviction attempts or illegal lockouts by a landlord.
- Enforcing landlord obligations for repairs, maintenance and safety.
- Handling rent arrears - either collecting unpaid rent as a landlord or defending against wrongful claims as a tenant.
- Advising on subletting, assignment of lease, or disputes over permitted use of the property.
- Representing parties in mediation, arbitration or court when disputes cannot be settled informally.
- Dealing with commercial lease issues, which may involve more complex contract terms and larger stakes.
- Assisting foreign tenants with residence registration issues and service of legal documents.
Key legal principles and practical rules to bear in mind in Xiamen include the following:
- Contract formation and written leases - Lease agreements should be in writing and clearly state rent, deposit amount, lease term, maintenance responsibilities, notice periods and termination conditions. Written contracts are the strongest evidence in disputes.
- Deposit and rent - Parties are free to negotiate rent and deposit amounts, but common practice is for deposits to be one to three months’ rent. Keep receipts and bank records for all payments.
- Termination and notice - Termination rights depend on the lease terms and whether the lease is fixed-term or periodic. Early termination may trigger compensation unless otherwise agreed. Written notice and compliance with contractual notice periods are important.
- Repairs and safety - Landlords generally remain responsible for major structural repairs and ensuring the property meets safety and habitability standards. Tenants should promptly notify landlords in writing about defects and keep records of requests and responses.
- Subletting and assignment - Subletting usually requires landlord consent if the lease forbids it. Unauthorized subletting can be grounds for breach of contract.
- Unlawful eviction - Landlords cannot forcibly evict tenants by changing locks or removing possessions. Eviction must follow the contract, mediation or a court order.
- Registration and administrative filings - Long-term leases and certain rental activities may be subject to local filing or registration requirements. Foreign nationals renting in Xiamen must comply with temporary residence registration rules at the local public security bureau within the required timeframe.
- Short-term rentals and platforms - Short-term rental platforms and homestays face specific municipal and national regulations, including licensing, safety and tax obligations. Rules may change, so check current local practice when using a platform for short-term stays.
- Dispute resolution - Many disputes are resolved by negotiation or community mediation. If mediation fails, parties can file a civil suit in the local people’s court. The general civil limitation period for claims is three years from when the party knew or should have known of the claim, subject to exceptions.
Yes. A written lease provides the clearest evidence of agreed terms and protects both landlords and tenants. Oral agreements are harder to enforce. The written lease should specify rent, deposit, term, responsibilities for repairs, notice periods and how disputes will be handled.
There is no single national cap on deposits, and amounts are usually negotiated between landlord and tenant. Common practice in the residential market is one to three months’ rent. Whatever the amount, obtain and keep a receipt and document the condition of the property at move-in and move-out.
Collect all written evidence - the lease, payment receipts, move-in and move-out photos, and any communication. Attempt negotiation or mediation with the landlord or the community mediation committee. If unresolved, a tenant can file a civil claim in the local people’s court to recover the deposit and any damages. A lawyer can help evaluate the case, prepare evidence and represent you in court.
No. A landlord generally cannot forcibly evict a tenant by changing the locks, removing belongings or cutting utilities. Eviction should follow the lease, a successful mediation, or a court order. If a landlord attempts to evict you without following legal procedures, contact a lawyer and local authorities if needed to protect your rights.
Notice depends on the contract and whether the lease is fixed-term or periodic. For fixed-term leases, early termination usually requires agreement or payment for breach unless the contract allows otherwise. For periodic leases, many parties give a 30-day written notice as a common practice, but check the contract for specific notice periods. Always give and request notice in writing and keep copies.
Withholding rent is risky without clear legal authorization. The preferred approach is to notify the landlord in writing, provide a reasonable timeframe for repair, and keep evidence. If the landlord fails to act, seek mediation or legal advice. A court may authorize remedies such as rent reduction or contract termination in appropriate circumstances, but unilateral withholding can expose you to breach claims.
Subleasing depends on the lease terms. Many leases prohibit subletting without the landlord’s written consent. If you sublease without permission, the landlord may claim breach and demand termination or damages. Obtain written approval from the landlord if you intend to sublet.
Tenants are generally responsible for repairing damage they cause beyond normal wear and tear. Landlords may deduct repair costs from the deposit if the lease allows. Document the condition of the property at move-in and move-out and obtain repair estimates. If the parties dispute the damage or cost, the issue can be resolved by mediation or a court claim.
Foreign nationals renting in Xiamen must comply with temporary residence registration requirements at the local public security bureau, typically within 24 hours of arrival for short stays or in accordance with local rules for longer stays. Landlords often assist with registration. Foreigners should also ensure they have valid visas and permits for their stay. For tenancy disputes, bilingual legal assistance may be helpful.
Mediation is often faster, less formal and less costly than court litigation, and local community mediation committees or housing authorities frequently handle landlord-tenant disagreements. If mediation fails or the other party is uncooperative, filing a civil claim in the local people’s court is the formal route. A lawyer can advise which path is better given the facts, likely costs and timeframes.
Useful contacts and resources in Xiamen if you need help include:
- Xiamen municipal housing management authority or housing and urban-rural development bureau - for policy guidance and administrative matters.
- Local public security bureau - for temporary residence registration and related questions for foreigners.
- Xiamen local people’s courts - for filing civil suits when disputes cannot be resolved by mediation.
- Community mediation committees and residents’ committees - for low-cost local dispute resolution.
- Xiamen Lawyers Association or local law firms - to find qualified lawyers who handle landlord-tenant matters and to verify credentials.
- Legal aid centers and public legal service stations - for low-cost or free legal help if you meet eligibility requirements under local legal aid rules.
- Property management offices and homeowners’ associations - for lease and building management related issues in managed properties.
If you need legal assistance with a landlord-tenant matter in Xiamen, consider the following practical steps:
- Gather documents - lease agreement, payment receipts, written notices, photos or videos of the property condition, repair requests and any communication between the parties.
- Attempt an informal resolution - contact the other party in writing to state your concerns, proposed remedy and a reasonable deadline for response.
- Use community mediation - check whether the neighborhood committee or local mediation service can help resolve the dispute fast and cheaply.
- Seek legal advice - consult an experienced local lawyer who handles landlord and tenant matters. Ask about fees, likely outcomes, and whether mediation or litigation is recommended.
- Prepare for formal action - if mediation fails, prepare to file a civil claim. Your lawyer will help draft the complaint, collect evidence and represent you in court if needed.
- For urgent problems - if you face an illegal lockout, threats or immediate safety issues, contact local authorities and seek emergency legal help.
Remember that laws and local practices change. Early documentation, written communication and timely legal consultation usually improve the chance of a favorable outcome. If you are unsure what to do next, a short initial consultation with a qualified Xiamen lawyer can clarify options and likely costs.
