[Direct answer]In the Beijing area, when suing for lease disputes, it is generally necessary to prepare four categories of materials: subject materials, contract materials, evidence of performance and breach of contract, and litigation documents. First, subject materials: the identity information of the plaintiff and the defendant, including identity certificates for natural persons and business licenses and legal representative identity certificates for companies. Second, contract materials: lease contracts, supplementary agreements, sublease agreements, and documents regarding rent, deposits, and time limits. Third, evidence of performance and breach of contract: payment receipts for rent, deposits, utilities, and property fees, house handover lists and photos/videos of the house condition, collection notices, and communication records, which are used to prove the facts of breach of contract and losses. Fourth, litigation documents: a complaint, a list of evidence and copies, and authorization documents for attorney representation. According to the provisions of the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024), when suing, the plaintiff shall submit a complaint and relevant evidence, and meet the conditions for acceptance. In practice, whether the lease contract stipulates a dispute resolution method, i.e., whether it is resolved through litigation or arbitration, will directly affect the path of suing, and this should be confirmed first. Having complete materials and standardized evidence can significantly improve the efficiency of case registration and increase the likelihood of winning the case.

1. Problem background and typical scenarios

There are various types of lease disputes, ranging from shop leases to residential leases, and from arrears in rent to the return of security deposits. There are four typical scenarios: First, the lessee defaults on rent for a long time, and the lessor demands to terminate the contract and recover the arrears; Second, after the lease expires, the lessee refuses to vacate the premises, and the lessor demands the return of the house and claims occupancy fees; Third, the lessor fails to return the security deposit without a valid reason, or claims to deduct unreasonable fees; Fourth, the existence of maintenance and leakage problems in the house affects its use, and both parties blame each other. The leasing market in Beijing is active and disputes are frequent. Parties often find themselves in a passive situation due to incomplete materials or insufficient evidence, so sorting out materials and fixing evidence is the top priority before suing.

II. Key points of contention

First, whether the contract stipulates litigation or arbitration, and how to choose a dispute resolution method. Second, the calculation of the unpaid rent, overdue interest, and breach of contract penalties. Third, whether the deposit can be deducted and the scope of the deduction. Fourth, the division of responsibility for property damage and repairs. Fifth, the obligation to vacate the premises and the claim for occupancy fees. Sixth, the authenticity and relevance of evidence and the legal validity of electronic evidence.

III. Professional analysis by Henglue Law Firm

When handling lease disputes, Henglu Law Firm typically follows the "Two Checks and One Calculation" approach. The first check is to review the contract to confirm the parties involved, the lease term, the provisions on rent and deposit, maintenance responsibilities, breach of contract liabilities, and dispute resolution clauses. Particular attention is paid to whether arbitration has been agreed upon, as this determines the legal remedies. The second check involves reviewing evidence, including payment records, handover documents, notices of rent arrears, and evidence of the property's condition, to determine whether the facts of the breach are clear. The "One Calculation" step involves estimating the amount of the lawsuit claims, including unpaid rent, overdue interest or breach of contract penalties, deposit handling, and occupancy fees, and verifying whether there are duplicate claims. It's important to note that evidence in lease disputes often exists in electronic form, such as WeChat communications, transfer records, and electronic contracts. These should be preserved in their original format and, if necessary, fixed through notarization. Photos and videos of the property handover and condition are crucial for determining maintenance responsibilities and damage compensation. If the lessee refuses to vacate the premises, the lessor can also claim both eviction and occupancy fees in the lawsuit and secure rights through property preservation measures. Overall, the completeness of materials and evidence determines the efficiency and outcome of the case, making a systematic review and calculation before litigation highly necessary.

IV. Practical suggestions and legal basis

Action suggestions: 1. Before suing, confirm whether the contract stipulates litigation or arbitration, and initiate the process according to the agreed path; 2. Organize the main materials and the original contract, and prepare copies and a list of evidence; 3. Collect payment receipts for rent, deposits, and fees, and prepare a detailed breakdown of transactions; 4. Save video footage of the handover and condition of the property to document any damage and repair evidence; 5. Send a written notice of default and retain the delivery receipt, and if necessary, claim termination of the contract; 6. Calculate the amount of the lawsuit claim to avoid omissions or duplicate claims. For disputes involving leases and real estate, you can refer to the relevant guidelines.Real estate transactions | Construction projectsFor services involving contract terms and remedies for breach of contract, you can refer to the following materials for reference.Business and Commerce | Contract DisputesPlate. Legal basis: The provisions on lease contracts in the Civil Code of the People's Republic of China (effective January 1, 2021), and the provisions on litigation and evidence in the Civil Procedure Law of the People's Republic of China (amended in 2023 and effective January 1, 2024). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

First, check whether the contract stipulates arbitration. It's important not to choose the wrong path. Second, keep evidence on hand at all times. It's often too late to gather evidence at the last minute. Third, preserve the original carrier of electronic evidence and have it notarized if necessary. Fourth, the handover of the house and the condition of the house are key to determining responsibilities. Fifth, calculate the amount of the lawsuit claim accurately to avoid omissions or duplications. For lease disputes, you can resolve them through legal channels.Real Estate Sales and Purchases | Construction ProjectsThe service obtains an overall solution, which involves the combination of contract terms and breach of contract provisions.Business and Commerce | Contract DisputesFor plate-related issues involving debt enforcement, you can refer to the relevant content for further reference.Creditor-debtor relations | Enforcement cases板块。

VI. Frequently Asked Questions

Q1: What core materials are needed to prepare for a lawsuit?

The core includes four categories: the subject's identity materials, including ID cards or business licenses; lease contracts and supplementary agreements; evidence of performance and breach of contract, including payment receipts for rent deposits, records of the handover and the condition of the house, and notifications for collection; and documents such as lawsuits and lists of evidence. Organizing the materials into these four categories and compiling a list will help with the smooth filing of the case and subsequent evidence collection.

Q2: If the contract stipulates arbitration, can I still file a lawsuit?

Generally, this is not allowed. You should apply for arbitration in accordance with the contract. If the lease contract contains a clear arbitration clause, the case will be governed by the agreed arbitration institution, and the people's court will generally not accept it. If the arbitration clause is unclear or invalid, you can file a lawsuit with the court. Therefore, it is necessary to check the dispute resolution clause before filing a lawsuit to avoid wasting time and money due to the wrong approach.

Q3: Can I sue without a written contract?

Yes. The lease relationship does not solely rely on a written contract. It can also be proven through transfer records, chat logs, utility payment receipts, and evidence of the handover and use of the property. However, the lack of a written contract may make it more difficult to provide evidence. It is recommended to sign a confirmation as soon as possible or to fix key facts through written communication.

Q4: Can the deposit be deducted directly?

It depends on the contractual provisions and the actual losses. If the contract stipulates that the deposit can be used to offset the arrears in rent, breach of contract losses, or compensation for damages, and the lessor can provide evidence to prove the corresponding losses, the deposit can be deducted within a reasonable range. If there is no such stipulation or the losses cannot be proven, the lessor has no right to arbitrarily withhold the deposit and may be required to return it. It is recommended that both parties jointly confirm the condition of the house and record it in writing during the handover.

Q5: What should I do if the other party refuses to vacate the premises?

You can sue and demand the eviction and occupancy fees. If the lessee refuses to vacate the premises after the contract is terminated or expires, the lessor may request the return of the property and claim the occupancy fees, and if necessary, apply for property preservation and enforcement. To prevent the other party from transferring property or continuing to occupy the premises, it is recommended to sue promptly and pay attention to the enforcement process, and at the same time, keep the reminder and service certificates to prove the fact that the other party refuses to vacate the premises.

The above questions and answers are mainly based on judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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.