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A priority for living in China is to find an apartment to stay in. However, more and more disputes are arising between landlords and tenants. So let’s see what a tenant should pay attention to when they rent an apartment. 

1. Landlord’s duties:

It is a landlord’s legal responsibility to ensure that the facilities are habitable by maintaining the plumbing, making sure the air conditioning or heat works in the winter, and fixing appliances.

A landlord is required to make repairs and conduct maintenance timely to keep the rental property in habitable condition. A habitable property is one that has adequate heating, water, electricity, cleanliness, and is structurally sound.

When a landlord fails to make the necessary repairs or maintenance after receiving a request from a tenant, the tenant could have things repaired themselves after sending out a notice. All reasonable cost should be deducted from their rent.

Tenant’s priority:

1. If the landlord transfers ownership of the property to a third party, the lease contract shall continue to be valid until it expires;

2. The landlord shall notify the tenant in writing three months prior to the sale of the property, and under the same conditions, the tenant shall have the priority to purchase the property.

Concerning the deposit:

It’s very common for the landlord to ask for two months of rent as a deposit. Before the tenant moves out, the landlord will return the deposit back to the tenant if the apartment, all household items and household appliances are in good condition and all fees are settled. However, one headache for the tenant is that sometimes the landlord will figure out all kinds of excuses to keep the deposit.

My suggestion is for the tenant to move out first, even they didn’t get the deposit back. If they stay in the apartment, the landlord will have more excuses to keep the deposit and claim more fees. The tenant could keep the keys, and try to negotiate with the landlord. If it doesn’t work, then file a lawsuit.

Remember:

1. Make sure to specify a clause about “who is going to pay the attorney fees”, and specify the losing party will compensate the winning party for the attorney fees. In this way, you don’t have to worry about the attorney fees;

2. Once moved in, the tenant should replace the lock on the door to make sure they are the only one that holds the keys;

3. The tenant should understand that it’s not a legal duty for the landlord to buy property insurance in China, so they have to be careful. All losses from non-natural disasters such as fire, electricity and gas caused by careless or improper use of fire shall be the responsibility of the tenant.

4. The tenant should abide by the rules and regulations in the residential area, and pay water, electricity, gas, fiber optics, telephone, property management and other expenses on time.

5. The tenant does not have the right to sublet the apartment or change the structure of the apartment without prior written approval from the landlord. 

6. The tenant should take care of the house facilities with reasonable carefulness, and they will be required to compensate the loss or damages the landlord suffers which is their fault.