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Free Guide to Hiring a Real Estate Lawyer
This guide explains the basics of landlord and tenant matters in Zhengzhou, Henan Province, and how to find legal help if you need it. In China most landlord-tenant relationships are governed by the Civil Code of the People’s Republic of China and by local regulations and administrative rules. In cities like Zhengzhou you will also encounter municipal housing management rules, police requirements for temporary residence registration, tax obligations for landlords, and procedures administered by local housing bureaus and community authorities. Practical issues often focus on written lease agreements, deposits, repairs, rent collection and increases, eviction and dispute resolution.
Many landlord-tenant problems can be resolved informally, but a lawyer is recommended when there is legal risk, financial exposure, or complex facts. Common situations where legal help is useful include:
- Disputes over security deposits, cleaning or repair deductions, or withheld funds.
- Eviction conflicts where a tenant refuses to leave after the lease ends or the landlord attempts an unlawful eviction.
- Nonpayment of rent by tenant or unlawful rent increases by landlord.
- Major defects in the premises, unsafe conditions, or landlord refusal to make necessary repairs.
- Fraudulent leasing schemes, forged contracts, or rental scams.
- Complex lease drafting, commercial leasing, subletting arrangements, or rights when property ownership is unclear.
- Cross-border issues involving foreigners, including residence registration, translation of documents, and enforcement of judgments from other jurisdictions.
- Need for urgent court orders such as property preservation or injunctions to prevent irreparable loss.
Key legal points to know for Zhengzhou:
- Governing law - Lease relationships are primarily governed by the Civil Code. The Civil Code sets general rules on formation of lease contracts, rights and duties of parties, rent, deposits and termination.
- Written lease - A written lease is strongly recommended. Written agreements clarify term, rent, deposit, payment method, responsibilities for repairs, utilities and whether subletting is allowed.
- Deposit practice - Typical deposit practice is 1-3 months rent, but the amount is based on agreement. Deposit disputes may be handled by mediation or the courts.
- Registration and temporary residence - Tenants, including foreign nationals, generally must register temporary residence at the local police station within 24 hours or as required by public security rules. Landlords often must assist with registration.
- Taxes and landlord obligations - Landlords are required to report rental income and pay applicable taxes. In some cases landlords must register leases with municipal housing authorities or online rental platforms used by Zhengzhou authorities.
- Repairs and safety - Landlords must ensure the property meets basic safety and habitability standards. Tenants must notify landlords of defects. The Civil Code allows termination for serious breaches affecting use of the premises.
- Eviction and dispute resolution - Landlords usually must obtain a court order to evict a tenant who refuses to leave. Self-help eviction may be illegal and could lead to criminal or civil liability. Disputes can be resolved by negotiation, community or people’s mediation committees, administrative complaints, arbitration when agreed, or in the people’s courts.
- Statute of limitations - Contract claims, including many lease disputes, generally have a three-year limitation period from the date the right was violated.
A lease should identify the parties, describe the property, state the lease term and rent amount, set the payment schedule, specify the deposit amount and return conditions, detail repair and maintenance responsibilities, clarify utility and management fee arrangements, state rules on subletting and assignment, provide termination and renewal conditions, and indicate dispute resolution methods. Both parties should sign and keep copies.
Keep a signed lease that records the deposit and the conditions for its deduction. Collect receipts for all payments and take dated photos or videos of the property condition at move-in and move-out. Communicate any claims in writing and save messages. If the landlord refuses to return the deposit, try negotiation, mediation, and if needed file a lawsuit in the local people’s court. Small claims procedures may be available.
No - landlords must follow proper legal procedures. Typically the landlord should negotiate, issue formal notice and, if the tenant still refuses, apply to the court for an eviction order. Illegal or forceful eviction may expose the landlord to civil liability or criminal charges. For commercial leases the contract may allow faster remedies, but court action is usually required for forcible eviction.
Responsibility depends on the lease terms. Basic safety and structural repairs are usually the landlord’s duty, while minor maintenance and damage caused by the tenant are typically the tenant’s responsibility. Always state repair responsibilities in writing and keep records of notices and repair costs. If the landlord refuses to repair serious defects, the tenant may request repairs and seek rent reduction or termination if the defect substantially affects use.
Subletting is permitted only if the lease allows it or the landlord consents. Many leases require landlord approval for subletting. If a tenant sublets without consent and the lease prohibits it, the landlord may have grounds for termination or damages. Check the lease and obtain written permission when necessary.
Foreign tenants must comply with temporary residence registration requirements at the local public security bureau within the specified time. Leases in a foreign language may be useful for understanding, but the Chinese version will generally carry legal weight in court. Keep identification, a copy of the passport and visa, and all lease and payment records. Seek a lawyer familiar with matters affecting foreigners if needed.
Try direct negotiation, use community mediation or a people’s mediation committee, or request assistance from the building management or neighborhood committee. Some disputes can be settled by the local housing administrative authority. Mediation is often faster and less costly than litigation, and mediated agreements can be made legally binding if recognized by a court.
Useful evidence includes the signed lease, payment receipts, bank or mobile payment records, WeChat or email messages, photos and videos of property condition, inspection or repair invoices, witness statements, police or neighborhood reports and any official notices. Preserve originals and make dated copies.
Most contract and lease disputes are subject to a three-year limitation period from the date the right was violated. There can be exceptions based on the facts or special statutes, so consult a lawyer promptly if you believe you have a claim.
Verbal leases are harder to prove in disputes. Without written terms there may be disagreements over rent, duration, deposit and responsibilities. Where possible create a written lease, keep payment records and confirm key terms in writing such as messages or emails. A written contract protects both parties and reduces risk.
Consider these types of local resources when you need help:
- Zhengzhou Housing and Urban-Rural Development Bureau for housing policies and administrative guidance.
- Zhengzhou Municipal Public Security Bureau or local police stations for temporary residence registration procedures.
- Local people’s mediation committees and neighborhood committees for community-level dispute mediation.
- Zhengzhou local courts - people’s courts handle lease and contract litigation.
- Zhengzhou Bar Association or municipal lawyer associations to locate qualified real estate and lease lawyers.
- Legal aid offices and public legal service centers for low-cost or free legal assistance if you meet eligibility requirements.
- Local tax bureau for landlord tax obligations related to rental income and reporting.
- Property management offices and homeowner associations for building-specific rules and disputes.
If you need legal assistance for a landlord-tenant matter in Zhengzhou, follow these steps:
- Preserve evidence - collect the lease, payment records, messages, photos and any notices. Time-stamp digital evidence where possible.
- Attempt informal resolution - communicate clearly in writing, request mediation through the community or a people’s mediation committee, and keep records of attempts.
- Seek professional advice - consult a local lawyer with experience in landlord-tenant or real estate law to evaluate your case and recommend options such as negotiation, mediation, administrative complaint, or litigation.
- Use formal procedures when needed - apply for temporary measures like property preservation if there is a risk of loss, file a complaint with the appropriate administrative body, or begin court proceedings with your lawyer.
- Check registration and compliance - ensure you and the landlord have completed required registrations and tax filings where relevant, and mention any noncompliance when seeking administrative remedies.
Act promptly. Lease disputes can escalate and some remedies require fast action. A local lawyer can explain your rights under the Civil Code and Zhengzhou practices, help you calculate likely costs and outcomes, and represent you in mediation or court.
