[Direct answer]In the Beijing area, the key to avoiding rental risks for landlords lies in pre-verification and written agreements. According to Article 704 of the Civil Code of the People's Republic of China (effective January 1, 2021), the content of a lease contract generally includes the name, quantity, use, lease term, rent and its payment period and method, and maintenance of the leased property, which should be specified item by item at the time of signing; Article 708 requires the lessor to deliver the leased property in accordance with the agreement and to maintain the leased property in accordance with the agreed purpose during the lease term. Practical suggestions include five points: verifying the tenant's identity and purpose, signing a written contract, clarifying maintenance and cost sharing, agreeing on the conditions for returning the deposit, and keeping delivery and charging receipts. For dispute resolution, you can refer to the relevant provisions.Property transactions and construction projectsColumn.

1. Problem background and typical scenarios

The risks of renting are concentrated in several scenarios: first, tenants default on rent, go missing, or sublet the property without authorization; second, damage to housing facilities and water leaks that affect neighbors, with unclear responsibilities; third, tenants use the property to engage in illegal activities, and landlords are held accountable; fourth, tenants refuse to vacate the property when the lease expires; fifth, during the rental period, if the landlord wants to sell the property, it will conflict with the tenants' priority purchase rights and the rule that the lease remains in effect regardless of the sale of the property; sixth, group renting and illegal partitioning are deemed illegal and lead to administrative penalties. The rental market in Beijing is active, and the above situations are common in judicial practice. The rules for handling such contract disputes can be referred to for reference.Business and contract disputes in enterprisesColumn.

II. Key points of dispute

Focus I: Division of maintenance responsibilities. According to Article 712 of the Civil Code, the lessor shall fulfill the obligation to maintain the leased property, unless otherwise agreed by the parties. If the contract does not specify otherwise, the landlord shall naturally bear the responsibility. Focus II: Effectiveness of subleasing. According to Article 716, if the lessee sublets the property without the lessor's consent, the lessor may terminate the contract. Focus III: The principle of "sale does not terminate the lease". According to Article 725, if the ownership of the leased property changes during the lessee's possession period as specified in the lease contract, the effectiveness of the lease contract shall not be affected. Before selling the property, the lessor should make appropriate arrangements with the lessee. Focus IV: Preemptive purchase rights. According to Article 726, if the lessor sells the leased house, the lessor shall notify the lessee within a reasonable period before the sale. Focus V: Disputes over the return of security deposits. The distinction between normal wear and tear and intentional damage often leads to litigation. Focus VI: Administrative responsibilities for fire safety and illegal partitioning. Specifically, the current effective laws, regulations, and judicial rulings shall prevail. For cases where arrears in rent lead to eviction and enter the enforcement stage, reference can be made to relevant provisions.Creditor's rights and debts, and enforcement casesColumn.

III. Professional analysis by Henglue Lawyers

Based on the experience of lawyers from our firm in handling lease disputes, most of the risks faced by landlords stem from poorly drafted contracts and insufficient documentation of the process. Common problems include: matters such as maintenance and lease renewal are only verbally agreed upon and not included in the contract, leading to disputes where each party sticks to their own version of the facts; deposit clauses only specify the amount but not the circumstances under which it can be deducted, making it easy to litigate when tenants move out; failure to verify the tenants' true identities and actual occupants, only discovering subletting or overcrowding after the fact; and delays in responding to tenants' maintenance requests, which tenants then use to claim deductions from the rent. In the judicial practice of Beijing courts, if landlords can provide complete contracts, handover lists, payment records, and communication logs, their claims for unpaid rent and damages are usually more easily supported. Conversely, landlords who rely solely on transfer records to claim high-amount penalties often have the excess portion of their losses reduced. It is recommended to proactively manage risks during the contract signing and handover stages, ensuring all items are documented in writing, rather than attempting to remedy the situation after a dispute arises. The evidence and time costs of remedying problems after the fact are much higher.

IV. Practical suggestions and legal basis

Action suggestions: 1. Before signing the contract, verify the tenant's ID documents and employment information, clarify the actual occupants and the purpose of the property, and explicitly prohibit unauthorized subletting. 2. Use a written contract that specifies the rent, deposit, maintenance responsibilities, cost sharing, termination conditions, and penalties in detail. 3. During the handover, prepare an inventory of the property and items, take photos to document the current condition, and have both parties sign the document. 4. Collect rent via bank transfers or online payments with a clear description of the payment period to avoid large-scale cash transactions. 5. Promptly send written notices to tenants if they default on rent or use the property improperly. If the termination conditions are met, enforce the contract and retain the delivery receipt. 6. Notify tenants in advance before selling the property and coordinate with them regarding their priority purchase rights and the vacating schedule. Legal basis: Articles 704, 708, 712, 716, 725, and 726 of the Civil Code of the People's Republic of China (effective January 1, 2021) constitute the basic rules of the lease relationship. The "Measures for the Administration of Leasing of Commercial Housing" (effective February 1, 2011) set forth requirements for the conditions and registration of leased properties. For more details, please refer to the relevant legal documents.Special services and other casesColumn.

5. Henglue Law Firm's Reminder

Risk Alert: First, renting out a house does not transfer ownership, but the principle of "sale does not terminate the lease" will directly affect the sale and delivery arrangements. The rental period should be coordinated before listing the house for sale. Second, illegal partitioning and group renting may face administrative penalties and the risk of contract termination. Before renovating and remodeling, the owner should confirm the compliance boundaries. Third, if the tenant engages in illegal activities, the landlord may be held accountable if he or she is aware of or tolerates it. Daily inspections and communication records are important safeguards. Fourth, there are procedural requirements for terminating the lease due to rent arrears. It is essential to keep records of the reminder and delivery process. Directly changing locks or cutting off water and electricity will constitute a breach of contract. It is recommended to seek legal advice as soon as possible.Beijing Henglue Law FirmFor similar columns on the official website, improve the contract and lease management.

VI. Frequently Asked Questions

Q1: How can landlords prevent tenants from defaulting on rent and absconding?

Beforehand, verify the tenants' identities and their ability to pay, and collect rent monthly or quarterly as much as possible, keeping the transfer receipts. Specify in the contract the procedures for reminding tenants to pay rent on time and the conditions for terminating the contract. Once the conditions are met, the landlord can terminate the contract according to the agreement and claim the vacated house and the usage fees. After discovering the rent arrears, promptly send a written reminder with evidence and do not resort to private remedies such as cutting off water and electricity or changing locks, otherwise the landlord may be counter-sued. When necessary, hire a lawyer to send a letter and file a lawsuit. After the judgment takes effect, the landlord can apply for forced execution to recover the rent arrears.

Q2: If a tenant damages the facilities, can the landlord deduct the security deposit?

It's possible, but it requires a contract and factual basis. The contract should specify the amount of the deposit and the circumstances under which it can be deducted. When checking out, the list of items should be used to verify the amount of damage. Natural wear and tear from normal use should not be deducted, but the repair costs for man-made damage and the costs of restoring the original state can be claimed. Any excess over the deposit can also be claimed separately. It is recommended to take photos as evidence at both the check-in and check-out stages and have both parties sign and confirm them. This will provide a clear comparison of the damage before and after, thus avoiding disputes and lawsuits during the check-out settlement process.

Q3: Is the landlord required to notify the tenant before selling the property?

Yes. According to Article 726 of the Civil Code, if the lessor sells the leased house, he shall notify the lessee within a reasonable period before the sale. If the lessee purchases the house under the same conditions, he shall enjoy the right of first refusal. Failure to notify the lessee in accordance with the law may lead to compensation disputes. At the same time, according to Article 725, changes in the ownership of the house during the lease period do not affect the validity of the lease contract, and the buyer shall continue to perform the lease until its expiration. Before selling the house, the lessor should take into account the length of the lease period, the payment of the rent, and the arrangements for vacating the house to avoid getting into delivery disputes after the transaction.

Q4: What should the landlord do if the tenant sublets the property without authorization?

According to Article 716 of the Civil Code, if the lessee sublets the property without the lessor's consent, the lessor may terminate the contract. After discovering the subletting, the lessor should collect evidence such as the advertisements on the leasing platform and the statements of the actual occupants, and notify the lessee in writing to terminate the contract and demand that the lessee vacate the premises within a specified period; if the sublessee continues to occupy the property, the lessor may also claim possession and use fees. If the contract explicitly prohibits subletting but the lessee still does so, the lessor may also claim breach of contract penalties in accordance with the contract. The specific procedures shall be subject to the contract provisions and the court's determination. It is advisable to consult a lawyer before taking any action.

Q5: Do landlords need to register and file their rental properties?

According to the relevant provisions of the "Measures for the Administration of Leasing of Commercial Houses" (implemented on February 1, 2011), the lease contract for a house shall be registered and filed after it is concluded. In practice in Beijing, it can usually be handled through online channels. Although the registration generally does not affect the validity of the contract, it involves requirements for population management and administrative inspections. If the registration is not completed, the parties may be ordered to make corrections. It is recommended to handle the registration promptly after signing the contract, and at the same time, keep the contract and the lessee's identity information, which not only meets the management requirements, but also provides complete information for possible disputes in the future.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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