[Direct answer]In the Beijing area, it is not allowed to clear the premises on one's own. Instead, the lease should be terminated and the premises vacated in accordance with the contract and the law. According to Article 722 of the Civil Code of the People's Republic of China (effective from January 1, 2021), if the lessee fails to pay the rent without a valid reason or delays in payment, and still fails to pay within a reasonable period after being reminded, the lessor may terminate the contract. Article 733 stipulates that after the expiration of the lease term or the termination of the contract, the lessee shall return the leased property. Therefore, the correct approach is: send a written notice to demand payment within a specified period; if the lessee fails to pay within the time limit as stipulated in the contract or the law, terminate the contract in accordance with the agreement or the law; if no agreement can be reached through negotiation, initiate legal proceedings to request the termination of the contract, the evacuation of the premises, and the payment of the arrears and the breach of contract penalties; and apply for enforcement after the judgment takes effect. The action should follow the legal chain of notice, termination, litigation, and enforcement. It is strictly prohibited to cut off water and electricity supplies or change locks to clear the premises.

1. Problem background and typical scenarios

The tenant defaults on the rent and refuses to leave, leaving the landlord both anxious and angry. Their most immediate thought might be to change the locks and move the belongings out, but these actions could constitute infringement and might even result in the landlord having to pay compensation. There is a fixed legal process for evictions, and following it correctly can ensure that the landlord can evict the tenant without bearing legal responsibility.

II. Key points of contention

First, the conditions for terminating the lease contract and the notification procedure. Second, the legal consequences of cutting off water and electricity, changing locks, and clearing the premises. Third, the way to draft a lawsuit and the execution of eviction. Fourth, the claims for arrears in rent, breach of contract penalties, and occupancy fees. Fifth, the handling of special situations such as subleasing and group leasing.

III. Professional analysis by Henglue Law Firm

The difficulty of landlords evicting tenants often lies not in the legitimacy of the eviction, but in the legality of the eviction process. According to Article 722 of the Civil Code of the People's Republic of China, if the tenant fails to pay the rent without a valid reason or delays the payment, and still fails to pay after being reminded within a reasonable period, the landlord may terminate the contract. Article 733 further stipulates that after the expiration of the lease term or the termination of the contract, the tenant shall return the leased property and maintain it in accordance with the contract or reasonable use. Therefore, the landlord should first issue a written reminder and grant a reasonable payment period; if the tenant still fails to pay, the landlord may terminate the contract by notice and keep the evidence of delivery; if no agreement can be reached, the landlord may sue the court to request the termination of the contract, the eviction of the house, the payment of the arrears in rent and the breach of contract penalties, as well as the use fees of the house, and apply for property preservation if necessary. When handling housing lease disputes, Henglue Lawyers usually emphasize three points: first, the integrity of evidence, including the lease contract, the reminder and termination notice, the arrears in rent details and the delivery certificate; second, avoiding self-help remedies. Cutting off water and electricity, changing locks, and removing items may constitute infringement and even lead to public security and criminal liability, and will weaken the legitimacy of the landlord in litigation; third, the connection of the enforcement process. If the tenant refuses to evict after the judgment takes effect, the landlord may apply to the court for compulsory enforcement. It should be noted that if the case involves subletting, group leasing, or the house having safety hazards, the handling path may be more complex, and it should be handled prudently in accordance with the contract provisions and local regulations. Overall, the key to legal eviction is the implementation of procedures, the preservation of evidence, and the backup of enforcement.

IV. Practical suggestions and legal basis

Action List: 1. Send a written notice to the lessee to pay the rent within a reasonable period and retain the delivery receipt; 2. Terminate the contract according to the agreement or statutory provisions if the lessee fails to pay within the time limit, and notify them in writing; 3. If no agreement is reached through negotiation, initiate legal action to request termination of the contract, eviction, payment of arrears, breach-of-contract penalties, and occupancy fees; 4. If necessary, apply for property preservation to prevent losses from escalating; 5. After the judgment takes effect, apply for forced eviction to avoid self-help remedies such as cutting off water and electricity or changing locks. Main legal basis: Articles 721, 722, and 733 of the Civil Code of the People's Republic of China (effective from January 1, 2021); Specific applications shall be subject to the currently valid laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

There are three key points to legal eviction: first, issue a notice of eviction and then terminate the contract; the process cannot be skipped. Cutting off water and electricity and changing locks are infringements of rights; don't take shortcuts. Only when suing for eviction and enforcing the judgment will it be effective. For cases involving special services, you can proceed through legal channels.Special servicesWe provide a comprehensive solution for services, which includes the integration of property leasing and engineering projects.Property transactions and construction projectsFor plates, those involving lease contracts can be referred to for referenceBusiness and contract disputes in enterprisesFor any questions regarding the payment and the execution of the eviction, please feel free to consult us.Creditor's rights and debts, and enforcementFor teams involved in family property matters, they can seek further information on this matter.Divorce and family disputesFor questions related to housing inheritance, please feel free to consult us.Inheritance and division of family propertyTeam.

VI. Frequently Asked Questions

Q1: If the tenant defaults on the rent, can I just change the locks and evict them directly?

No. Cutting off water and electricity, changing locks, and removing items may constitute infringement and trigger liability for compensation; it should be handled through legal channels such as issuing a notice, terminating the contract, and filing a lawsuit for eviction.

Q2: What evidence do I need to prepare to support my claim for termination of the contract?

It is necessary to provide the lease contract, the record of rent payment and the details of the arrears, the written notice of reminder and termination, and the delivery receipt, in order to prove the fact of the arrears and the legality of the termination procedure.

Q3: How much does it cost to sue for eviction?

The litigation fees shall be paid in accordance with the standards for property cases, which are related to the amount of the dispute. The parts involving arrears in rent and occupation and use fees shall be calculated together, and the specific amount shall be subject to the court's approval.

Q4: How long does it take from filing a lawsuit to evicting the tenant from the property?

The first-instance ordinary procedure usually lasts several months. If the other party refuses to vacate the premises after the judgment takes effect, you can apply for enforcement. The actual time of eviction depends on the progress of the enforcement process.

Q5: If the tenant says there are problems with the house and refuses to pay the rent, what should I do?

First, you should verify whether there are any substantial issues with the house that affect its use. If the defense is successful, it may affect the termination of the lease and the determination of arrears. It is recommended to fix the evidence and then resolve the matter through negotiation or litigation.

The above content is based on the judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limits. →Specialised services - Legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in a timely manner.