[Direct answer]In the Beijing area, it is necessary to first determine whether the subletting has been approved by the landlord. According to Article 716 of the Civil Code of the People's Republic of China (effective January 1, 2021), the lessee may, with the lessor's consent, sublet the leased property to a third party. If the lessee sublets the property, the original lease contract shall remain in effect. If the third party causes any damage to the leased property, the lessee shall compensate for the losses. If the lessee sublets the property without the lessor's consent, the lessor may terminate the contract. Therefore, if the subletting by the second landlord has been approved by the landlord and the lease contract between the main landlord and the second landlord is still in effect, the lessee's subletting contract is generally protected, and the landlord generally cannot directly require the lessee to move out just because the second landlord owes rent or is uncontactable. However, if the landlord is unaware of or does not approve of the subletting, or if the second landlord defaults on the rent and the landlord terminates the contract according to law, the lessee may face the risk of being evicted. The lessee can pursue the second landlord for breach of contract, demand the return of the deposit and the remaining rent, and compensation for losses, and may negotiate with the landlord to renew the lease to reduce losses.

I. Problem Background and Typical Scenarios

Renting through a sublandlord is common due to lower rents or convenient locations, but it also carries significant risks. Typical scenarios include: the sublandlord defaulting on the rent and disappearing, with the landlord demanding that the tenants vacate the property immediately; the landlord claiming that they never agreed to the subletting and requiring the tenants to move out immediately; tenants who have already paid half a year or even a year's rent and deposit to the sublandlord, only to face the prospect of losing both their money and the property; sublandlords forging the landlord's authorization or contracts, with tenants signing leases without their knowledge; and tenants hoping to renew the lease directly with the landlord after the sublandlord absconds. The rental market in Beijing is active, and such disputes are common. Tenants' main concerns are: whether the landlord has the right to evict them, and whether they can recover their deposits and rent. The answer depends on two key factors — whether the subletting was authorized by the landlord, and whether the lease contract between the landlord and the sublandlord is still valid or has been legally terminated.

II. Key points of contention

First, whether the subletting has been approved by the landlord, and how to determine "approval". Second, whether the landlord can directly require the tenant to vacate the premises, and what procedures need to be followed. Third, when the landlord terminates the contract due to the second tenant's arrears in rent, how should the tenant's lease rights be handled. Fourth, whether the tenant can recover the deposit and rent paid from the second tenant, and how to protect their property. Fifth, whether the tenant can negotiate a direct lease renewal with the landlord. Sixth, how to seek remedies when the second tenant forges authorizations or contracts involving fraud. These issues determine whether the tenant needs to move out and how to recover losses.

III. Professional analysis by Henglue Law Firm

Henglu Law Firm advises tenants to follow a three-step approach: " Verify consent, determine legal effect, and seek compensation". **Step 1: Verify consent.** Verify whether the sublandlord has obtained the landlord's consent for subletting. This can be determined through the following evidence: the lease agreement between the landlord and the sublandlord, the landlord's written consent, past communication records, and whether the landlord directly collects the rent. If the landlord has been aware of the subletting for a long time and has not raised objections, this may be construed as implied consent. **Step 2: Determine legal effect.** If the subletting is approved and the original lease agreement is valid, the landlord generally cannot directly evict the tenant. The tenant who is in actual possession may claim that the lease right continues to exist. However, if the landlord legally terminates the original contract, the tenant's possession basis will be undermined, requiring them to negotiate with the landlord or prepare for eviction. **Step 3: Seek compensation.** If the sublandlord absconds, this constitutes a breach of contract. The tenant may demand the return of the deposit and remaining rent, compensation for losses, and promptly investigate the sublandlord's assets and apply for preservation measures to prevent asset transfer. If the sublandlord lacked the right to rent out the property or falsified documents, this may involve fraud, warranting a police report. Additionally, tenants can proactively negotiate a direct lease renewal or re-sign a contract with the landlord to minimize disruptions to their living arrangements and financial losses. In practice, tenants should verify the landlord's identity and property ownership certificates during contract signing, require the provision of lease documents and evidence of the landlord's consent to subletting, and either pay the rent directly to the landlord or retain complete payment receipts to mitigate risks from the outset.

IV. Practical suggestions and legal basis

Action suggestions: First, verify whether the subletting has been approved by the landlord and keep the lease contract and payment receipts; Second, maintain communication with the landlord to avoid conflicts and strive for a renewal of the lease; Third, promptly claim the security deposit and remaining rent from the sublandlord, and if necessary, apply for preservation of evidence or report the case to the police; Fourth, verify the landlord's identity and ownership information of the property when signing the contract to avoid falling into the "subletting trap". For related services, please refer to the following link for more information:Property transactions and construction projectsAndBusiness and contract disputes in enterprisesColumn. Legal basis: Article 716 of the Civil Code of the People's Republic of China (effective from January 1, 2021) on subleasing, Article 722 on the handling of the lessee's arrears in rent, and Article 577 on the liability for breach of contract. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, whether the subletting has been approved by the landlord is the key to determining whether the tenant can continue to live there. Secondly, even if it is necessary to vacate the premises, the tenant's losses should be recovered from the sublandlord, and attention should be paid to protecting their property in a timely manner. Thirdly, negotiating with the landlord to renew the lease is a practical way to reduce losses. Fourthly, verifying the landlord's identity and ownership documents before signing the lease can effectively reduce risks. If you need to learn about the solutions for dealing with subletting disputes and recovering compensation, you can contact us through the following channels:Real estate transactions and construction projectsAndBusiness and contract disputes in enterprisesFor column consultation, please contact us.Beijing Henglu Law Firm.

VI. Frequently Asked Questions

Q1: If the sublandlord absconds, can the landlord let me move out?

It depends on whether the subletting has been approved by the landlord and whether the original lease contract is valid. If the subletting has been approved and the original contract is valid, the landlord generally cannot directly ask the tenant to move out; if the landlord terminates the original contract according to law or the subletting has not been approved, the tenant may face eviction. It is recommended to verify the facts first before deciding how to respond.

Q2: Who should I ask for the deposit and rent I paid?

Claim against the sublandlord. If the sublandlord absconds, it constitutes a breach of contract, and the tenant can demand that he return the deposit and the remaining rent and compensate for the losses. The tenant should keep the contract and payment receipts, inquire into the sublandlord's assets, and promptly file a lawsuit and apply for preservation of evidence. If the sublandlord forged materials to defraud the tenant of the rent, it may also involve fraud, and the tenant can report the case to the police for handling.

Q3: The landlord agreed to the subletting, but now he/she has changed his/her mind. What should I do?

It depends on the evidence and form of the consent. If the landlord has given written consent or has been aware of the situation for a long time without raising objections, the tenant can claim that the sublease is valid and demand continued performance; if the landlord does not consent, the tenant may need to vacate the premises after the landlord exercises the right of rescission. At this time, the tenant can negotiate with the landlord for a renewal of the lease and seek compensation for losses from the sublandlord.

Q4: How to determine whether a sublease is legal or not?

The key points are whether the lease contract between the sublandlord and the main landlord stipulates that subletting is allowed, whether the landlord has issued written consent, and whether the landlord is aware of the subletting and has not raised any objections. Before signing the contract, you can request to see the landlord's ownership certificate and the materials consenting to subletting, and try to confirm directly with the landlord.

Q5: How can we avoid such risks when renting a house in the future?

First, sign a contract with the landlord in person and verify their identity documents and property ownership materials. For subleases, require the landlord to provide written evidence of their consent to the sublease. Try to pay the rent directly to the landlord or make payments through traceable methods and keep the receipts. Specify in the contract the return of the deposit and the liability for breach of contract to minimize risks.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Legal services for the purchase and sale of real estate·Beijing Henglu 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. If you encounter disputes, please consult a practicing lawyer in time.