[Direct answer]In the Beijing area, it is necessary to distinguish whether the subletting has been approved by the original landlord. Article 716 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that the lessee may, with the consent of the lessor, sublet the leased property to a third party; if the subletting is not approved, the lessor may terminate the contract. If the subletting by the second landlord has been approved by the original landlord, the tenant's possession and use of the property have a legal basis, and the original landlord generally cannot require the tenant to move out without conditions; if the subletting is not approved, the original landlord may terminate the contract, and the tenant may face eviction. The tenant may recover the rent and deposit paid from the second landlord. In either case, the tenant should immediately fix the evidence, including contracts, payment receipts for rent and deposits, transfer records, and communication records, and may report the case to the public security organ or seek compensation for the costs and losses from the second landlord through litigation.

1. Problem background and typical scenarios

The subletting model is quite common in the rental market, but it also brings along risks. Typical scenarios include: tenants paying six months' rent and a security deposit to the sublessor, only to have the original landlord demand eviction after the sublessor disappears; the sublessor renting out the property at a price lower than the market rate and maintaining the cash flow by collecting rent in advance and paying it later, which eventually becomes unsustainable; tenants discovering after moving in that the so-called sublessor is not the property owner and has sublet the property without the original landlord's consent. At this point, tenants face a dilemma: continuing to live there might result in the original landlord demanding they move out, while moving out would mean they might struggle to recover the rent and security deposit. The key to the dispute lies in the legality of the subletting and the subject of the contractual relationship. When handling such disputes in Beijing, it is usually necessary to verify the original lease contract, the subletting agreement, and payment records. For related practices, please refer to the following reference materials:Property transactions and construction projectsThe handling of the lease dispute.

II. Key points of contention

Focus One: Whether the subletting has been approved by the original landlord. This determines whether the tenant can continue to occupy and use the property. Focus Two: Identifying the contractual counterparty. The tenant's lease contract is signed with the sublandlord, and any refunds must first be claimed from the sublandlord. Focus Three: The rights of the original landlord. If the subletting occurs without consent, the original landlord may terminate the original lease contract and demand eviction. Focus Four: The scope of the tenant's actual losses. This includes unoccupied rent payments, security deposits, moving expenses, and the price difference when re-renting the property. Focus Five: Whether criminal offenses are involved. If the sublandlord fraudulently collects rent and then disappears, they may be suspected of fraud and should be reported to the police immediately. Focus Six: The feasibility of litigation and enforcement. It is necessary to verify the sublandlord's identity information and property clues to assess the effectiveness of recovery. Focus Seven: Room for negotiation with the original landlord. Attempts can be made to reach an agreement on continuing the lease or setting a deadline for eviction.

III. Professional analysis by Henglue Law Firm

The practical experience of Henglue Lawyers is that after the second landlord goes missing, it is necessary to first stabilize the living situation and then initiate recovery of compensation, and the order cannot be reversed. First, verify the situation of consent to subletting: Confirm with the original landlord whether they agree to the subletting and try to obtain a written statement to determine whether they can continue to live there. Second, negotiate with the original rights holder: If the original landlord agrees to continue, you can directly establish a new lease relationship with them and pay rent according to reasonable standards to avoid being deemed as having no right to occupy the property. Third, comprehensively fix evidence: Save the subletting contract, payment receipts for rent and deposits, transfer records, chat and call records, and photos of the current state of the property to prepare for reporting cases and litigation. Fourth, distinguish between civil and criminal paths: If the funds were obtained by fraud and the landlord goes missing, you can report the case to the public security organ; if it is only a dispute over contract performance, you can claim restitution and compensation through civil litigation. Fifth, timely stop losses: When it is clear that you cannot continue to live there, find another place to live as soon as possible and keep the payment receipts for the new lease as proof of losses. Sixth, pay attention to statutes of limitations and enforcement: After winning the case, apply for enforcement in a timely manner and actively provide clues to the property of the defendant. The above-mentioned handling approach is widely applicable in lease-related disputes, and it is also suitable for other types of disputes.Creditor's rights and debts, and enforcementIt is consistent with my practical experience in this field.

IV. Practical suggestions and legal basis

Action suggestions: 1. When renting a property, verify whether the lessor is the owner of the property rights and request to see the real estate ownership certificate and the lessor's identity information. 2. In the case of subletting, confirm whether the original landlord agrees to the subletting and obtain written documentation whenever possible. 3. After signing the contract, keep all contract documents and payment receipts. Pay the rent on a regular basis rather than making a one-time prepayment over a long period. 4. If the sublessor goes missing, promptly report the case to the police and notify the original landlord in writing, preserving evidence. 5. If no agreement can be reached, seek legal redress through litigation to claim the return of the rental deposit and compensation for losses. Legal basis: Articles 577, 716, and 725 of the Civil Code of the People's Republic of China (effective January 1, 2021), which govern breach of contract liability, consent to subletting, and changes in ownership of leased property. For leasing disputes, please refer to the relevant provisions.Real estate transactions and construction projectsFor matters involving the recovery and enforcement of funds, you may refer to the following for referenceCreditor's rights and debts, and enforcementThe key points for protecting rights in case of suspected crimes can be referred to for reference.Criminal defense and criminal case filingThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, verifying the landlord's identity and property rights before renting is the most effective risk prevention measure. Secondly, try to pay the rent on time to avoid the large-sum prepayment model of long receipt and short payment. Thirdly, whether the subletting has been approved by the original landlord directly determines whether you can continue to live there. Fourthly, after losing contact with the landlord, you should immediately fix the evidence and report the case to the police, and at the same time communicate with the original rights holder about the living arrangements. Fifthly, winning the lawsuit does not mean getting the money. It is crucial to apply for enforcement in time and provide clues to the property. For matters involving the enforcement process, you can consult a lawyer for help.Creditor's rights and debts, and enforcementUnderstand the path.

VI. Frequently Asked Questions

Q1: The sub-landlord has run away. Can the original landlord let me move out?

It depends on whether the subletting has been approved by the original landlord. If it has been approved, the tenant's occupation and use of the property will be based on legal grounds, and the original landlord generally cannot demand that the tenant move out without any conditions. If it has not been approved, the original landlord may terminate the original lease agreement and demand the tenant to vacate the property. The tenant can seek compensation from the sublandlord for any losses incurred.

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

First, claim against the sublandlord. The lessee's contractual counterparty is the sublandlord, and the unoccupied rent and deposit should be returned by him and compensation for losses should be provided. If the sublandlord is uncontactable, claims can be pursued through litigation and, if necessary, enforcement applications can be filed. If the sublandlord is uncontactable, claims can be pursued through litigation and, if necessary, enforcement applications can be filed.

Q3: If the second landlord goes missing, does that count as fraud? Should I report it to the police?

If they disappear after receiving the money under the guise of collecting rent, they may be suspected of fraud. You should promptly report the case to the public security organ and provide evidence of the contract, transfer of funds, and communication. Whether to initiate a case will be reviewed by the public security organ in accordance with the law, and the report of the case can also be used as evidence for subsequent civil rights protection.

Q4: Can I directly sign a new contract with the original landlord?

It can be negotiated. If the original landlord is willing, the two parties can sign a separate contract to continue the lease and pay the rent at a reasonable standard, which can not only stabilize the residence but also avoid being deemed as having no right to occupy the property. It is recommended to keep the new contract and payment receipts properly. It is recommended to keep the new contract and payment receipts properly to avoid disputes over ownership arising again.

Q5: What evidence do I need to prepare for protecting my rights?

These mainly include the subletting contract, receipts for rent and deposit payments, transfer records from banks or payment platforms, chat and call records, the identity information of the second landlord, and the original landlord's statement on whether they agree to the subletting. The more complete the evidence is, the more beneficial it will be for asserting rights. In addition, the materials for reporting the case and the records from payment platforms can also be used as supporting evidence.

The above Q&A is mainly based on judicial practices in the Beijing area. There may be differences in the adjudication standards 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 real estate transactions·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available 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 case of disputes, please consult a practicing lawyer in time.