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How to Protect Your Rights When Renting an Apartment

LegalTips LegalTips 2023-07-11

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1.When renting an apartment, it is best to sign a rental contract with the landlord and not with a sub-landlord. It is advisable to have a Chinese friend with you to help check the contract's reasonableness and communicate with the landlord.
2.When signing the contract, the landlord should provide the original property certificate and their identification documents. This helps to verify that the apartment belongs to the landlord and that they have the right to rent it out.
3.When signing the contract, make a list of all items in the rented property and their condition. This makes it easier to avoid disputes with the landlord when moving out, such as when the landlord claims items are missing or damaged.
4.The rental contract should clearly specify the lease term and the rented property. Determining the lease term guarantees that the landlord cannot make you move out before the lease expires. If there is no lease term specified, you have a non-fixed term contract, which means the landlord can make you move out at any time.
5.The contract should also specify what constitutes a breach of contract and the penalties for such a breach, including payment of a penalty and the basis for penalty. For example, if the property has serious quality problems, you can ask to terminate the contract and move out. Alternatively, if the furniture or appliances are damaged, and the landlord does not repair or replace them within a reasonable period, the tenant can terminate the contract or make repairs or replacements, with the landlord covering the costs.
6.Selling the property by the landlord does not affect validity of the lease. If the landlord sells the property during the lease period, it does not affect the tenant's rights to live in the property. The tenant is not obliged to leave the rented property just because the ownership has changed.
7.The tenant has a right of first refusal when the landlord sells the property. If the tenant and a third party both want to buy the rented property, the tenant has the right of first refusal on equal terms. The landlord must inform the tenant in advance of the sale and ask if they want to purchase the property.
8.When moving out, it is commended to ask the landlord to return the deposit and guarantee deposit while returning the key. Otherwise, it may be difficult to recover the costs after leaving the rented property.
9.Finally, it is important to note that Chinese landlords generally do not buy insurance for their properties. Therefore, tenants should pay extra attention to safety to avoid losses due to electrical fires, water leaks, or other reasons.

         

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