Landlord Breached the Lease: Your Rights as a Tenant in China 2026

Direct answer: If your landlord in China breaches the lease agreement—for example, by failing to make necessary repairs, illegally evicting you, or selling the property without honoring your lease—you have the right to demand performance, reduce rent, terminate the lease, and claim damages under the Civil Code of the People's Republic of China (2021). The law strongly protects tenants who have a valid written or even oral lease, provided they can prove the agreement and the breach.

This article explains your rights step by step, so you know exactly what to do if your landlord fails to uphold their side of the bargain.

1. Understanding the Legal Framework

The primary law governing residential and commercial leases in China is the Civil Code (effective January 1, 2021), specifically Chapter 14: Contracts for the Lease of Property (Articles 703 to 734). The Labor Contract Law is not relevant here—that law applies to employer-employee relationships, not landlord-tenant matters. For consumer protections, the Consumer Rights Protection Law may apply if you rent through a licensed agency that provides a service, but the core lease relationship is civil, not consumer-based.

Key articles to know:

• Article 708: The lessor (landlord) must deliver the property in the agreed condition and maintain it during the lease term.
• Article 711: If the property endangers the tenant's safety or health, the tenant may terminate the lease at any time.
• Article 712: The landlord is responsible for repairs (unless the lease states otherwise).
• Article 716: If the landlord sells the property, the lease continues for the new owner (the "sale does not break the lease" principle).
• Article 722: If the landlord fails to repair the property, the tenant may repair it themselves and deduct the cost from rent, or demand a rent reduction.

2. Step-by-Step: What to Do When the Landlord Breaches

Step 1: Identify the Breach

Common landlord breaches include:

1. Failure to maintain or repair: Leaking pipes, broken air conditioning, mold, or unsafe electrical wiring.
2. Illegal eviction: Changing locks, cutting off utilities, or physically forcing you out without a court order.
3. Unauthorized entry: Entering the property without notice or consent (except in emergencies).
4. Selling the property without honoring the lease: The new owner tries to evict you before the lease ends.
5. Misrepresentation: The property is not as described (e.g., square footage or amenities are different).

Step 2: Gather Evidence

To enforce your rights, you need proof:

• Written lease (or a copy of the contract, WeChat messages, or emails showing the agreement).
• Photos and videos of the defect or breach (e.g., mold, broken lock, utility shut-off notice).
• Communication records (WeChat, email, or text messages) showing you notified the landlord and their response (or lack thereof).
• Receipts for any repairs you paid for, or for temporary accommodation if you had to move out.

Step 3: Send a Formal Notice

Send a written notice (in Chinese) to the landlord demanding they cure the breach within a reasonable time (usually 7 to 15 days). Use a method that provides proof of receipt, such as:

• Registered mail with return receipt (挂号信, guàhào xìn).
• WeChat message (save screenshots).
• Email with read receipt.

State clearly: the breach, the remedy you require, and a deadline. For example: "The air conditioner has been broken since [date]. Please repair it within 10 days. If not, I will repair it myself and deduct the cost from next month's rent, as per Article 722 of the Civil Code."

Step 4: Choose Your Remedy

Under the Civil Code, you have several options depending on the severity of the breach:

• Demand performance: Insist the landlord fixes the problem. If they refuse, you can repair and deduct the cost (keep receipts).
• Reduce rent: If the property is partially unusable (e.g., one room has no heating), you can demand a proportional rent reduction.
• Terminate the lease: For serious breaches (e.g., the property is unsafe, or the landlord illegally evicts you), you can terminate the lease immediately and demand a refund of the deposit and any prepaid rent.
• Claim damages: You can sue for actual losses, such as the cost of temporary accommodation, moving expenses, or lost business (if commercial).

Step 5: Escalate if Necessary

If the landlord ignores your notice, consider these actions:

• Mediation: Contact the local neighborhood committee (居委会, jūwěihuì) or the street office (街道办事处, jiēdào bànshìchù). They can mediate for free.
• Complaint to housing authority: File a complaint with the local housing and urban-rural construction bureau (住建局, zhùjiàn jú). They can fine the landlord or order them to comply.
• Small claims court or People's Court: You can sue the landlord in the district court where the property is located. The statute of limitations is 3 years from the date you knew of the breach (Civil Code, Article 188). For claims under 50,000 RMB, you may use the simplified small claims procedure.

3. Special Protections for Tenants in 2026

Since 2021, the Civil Code has strengthened tenant protections. Here are key points for 2026:

• No "force majeure" excuse for basic repairs: The landlord cannot refuse to fix essential utilities (water, electricity, gas, heating) by claiming an "act of God." They must maintain the property's habitability.
• Sale does not break the lease: If the landlord sells the property, your lease remains valid. The new owner steps into the landlord's shoes (Article 716). They cannot evict you before the lease ends unless you agree.
• No retaliation for complaints: If you complain to authorities or sue the landlord, they cannot evict you or raise rent as punishment. This is implied by the good faith principle (Article 7).
• Deposit protection: The landlord must return your deposit within a reasonable time after the lease ends, minus only agreed deductions for damage beyond normal wear and tear. If they wrongfully withhold it, you can sue for the deposit plus interest.

4. Frequently Asked Questions

FAQ 1: Can the landlord kick me out if they sell the apartment?

No. Under Article 716 of the Civil Code, the lease continues with the new owner. The new owner must honor the existing lease terms, including the rent and duration. If the new owner tries to evict you, you can show them the lease and, if necessary, file a police report or sue. The only exception is if your lease has a clause allowing termination upon sale—but even then, the landlord must give you proper notice (usually 30 days) and may owe you compensation.

FAQ 2: What if the landlord cuts off my electricity or changes the locks?

This is illegal. The landlord cannot use "self-help" eviction methods. If they cut off utilities or lock you out, call the police (110). The police can order the landlord to restore services immediately. You can also sue for damages, including the cost of a hotel and moving expenses. In serious cases, the landlord may face administrative fines or, if they use violence, criminal liability for "forced eviction" (非法侵入住宅罪, Article 245 of the Criminal Law).

FAQ 3: My landlord refuses to fix a broken toilet for 2 months. Can I break the lease without penalty?

Yes. If the landlord fails to make necessary repairs within a reasonable time (typically 7–15 days after written notice), you can terminate the lease under Article 722 of the Civil Code. You are entitled to a full refund of your deposit and any prepaid rent. If the landlord refuses, you can sue in court. Keep all evidence of your repair requests and their refusal.

FAQ 4: I only have a verbal lease. Can I still enforce my rights?

Yes, but it's harder. Under Article 707 of the Civil Code, a lease of more than 6 months must be in writing to be fully enforceable. However, if you have a verbal lease and can prove it existed (e.g., through rent payment records, WeChat messages, or witnesses), the court may still recognize it as a "factual lease" (事实租赁合同). For leases under 6 months, verbal agreements are generally valid. Always try to get a written lease, even a simple one, to protect yourself.

5. Practical Tips for Tenants in China

• Always get a written lease in Chinese and English (if needed). Include the landlord's full name, ID number, and contact info.
• Take photos and videos of the property's condition on move-in day, and save them as evidence.
• Pay rent by bank transfer (not cash) so you have a record. Write "rent for [month]" in the memo.
• Keep a copy of your lease in a safe place (digital and physical).
• Know the local police station (派出所, pàichūsuǒ) and neighborhood committee. They can help mediate disputes.
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