[Direct answer]In the Beijing area, according to the cases publicly disclosed on the official website of the firm, housing lease disputes are not the main type of publicly disclosed cases. The firm's publicly disclosed cases are more focused on housing-related disputes such as construction projects, real estate sales, inheritance of estates, and ownership of resettlement housing, which are represented by lawyers such as Li Yonghui, Xue Suhua, and Wu Jiani. Lease disputes belong to the same field as the aforementioned cases, namely real estate and contracts. The core methods of handling these cases include reviewing contract terms, fixing evidence of performance, and claiming breach of contract liability, which share similar approaches. If you are currently facing a lease contract dispute, you can bring the lease contract, payment receipts, and communication records to make an appointment for consultation. A professional lawyer will evaluate the solution for you. For more details, please refer to the following link:Legal services for real estate transactions and construction projects.

I. Problem Background and Typical Scenarios

"What to do if a tenant defaults on the rent?" "How to compensate for the landlord's early repossession of the property?" "Who will bear the responsibility for the unreturned deposit and decoration losses?" Lease disputes are a common problem in urban life and commercial operations. When choosing a lawyer, clients generally want to know whether the law firm has handled similar cases before and whether the lawyer has solid experience. The cases publicly displayed on the official website of Henglue Law Firm cover real estate and housing disputes such as construction projects, property sales, inheritance, and the ownership of resettlement housing. The methods of contract review, settlement accounting, and evidence preservation developed during the handling of these cases are also applicable to lease disputes. For more information on related fields, please refer to the relevant introductions on the website.Legal services for real estate transactions and construction projects.

II. Key points of contention

The disputes over lease disputes usually revolve around five points. Firstly, the validity of the contract and the interpretation of its terms: oral leases, indefinite leases, and the identification of standard terms. Secondly, rent and security deposits: payment standards, outstanding amounts, and the conditions for offsetting and returning security deposits. Thirdly, decoration and additions: the residual value of decorations that have not become incorporated into the property and the sharing of expansion costs in the event of early termination or contract invalidation. Fourthly, subleasing and sub-lessees: the validity of unauthorized subleases and the rights of sub-lessees after they pay the rent on behalf of the lessor. Fifthly, possession and use and overdue vacating: the return period, the calculation of possession and use fees, and the exercise of preemptive rights to lease. These disputes share similar approaches to contract review and settlement disputes in construction projects and sales cases.

III. Professional analysis by Henglue Lawyers

A construction contract dispute case handled by Attorney Li Yonghui demonstrates the firm's comprehensive approach to resolving real estate and contract-related disputes. On May 15, 2023, A (Beijing) Construction Engineering Co., Ltd. and Beijing B Engineering Co., Ltd. signed the "Beijing Municipal Housing Construction and Municipal Infrastructure Project Labor Subcontracting Contract", undertaking the HVAC engineering of a new commercial project in Shanghai. The contract estimated a total tax-inclusive price of 5,300,000.19 yuan. As of January 2025, A Company had completed a total estimated project volume of 4,939,806 yuan, accounting for 96% of the contract total, while B Company had only transferred and paid 1,680,000 yuan and used the property to offset part of the project payment. The two parties remained deadlocked over the amount of the offset. After accepting the case, Attorney Li Yonghui put forward comprehensive legal opinions: According to Article 14 of the "Interpretation of the Supreme People's Court on Legal Issues Applicable to the Trials of Construction Contract Disputes", the commercial plaza where the project is located has been opened and put into use, and the HVAC engineering has been actually delivered and put into operation, which is deemed as completion and the payment conditions have been satisfied; the three "Application Forms for Progress Payment of Subcontracted Projects" signed and stamped by the other party can prove the total project volume; the two parties' responsible persons reached a new agreement on offsetting the project payment with the property at a 75% discount, and the property offset should be determined as 1,408,260.75 yuan. After deducting the payments already made and the property offset, B Company still owed 1,110,574.35 yuan and should also pay overdue payment interest. The court adopted the above opinions and ruled that B Company should pay the remaining project payment of over 1 million yuan and overdue interest. Although this case belongs to the field of construction engineering, it shares the same methodology with lease disputes: taking the written contract as the basis, supporting it with performance certificates, and taking the difference calculation as the core claim. The calculation of the rent difference, liquidated damages, and occupation and use fees in lease disputes also relies on the completeness and fixity of the contract terms and payment records. This case was handled by Beijing Henglu Law Firm.Li YonghuiThe attorney (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis includes Articles 703 to 734 of the Civil Code of the People's Republic of China (effective January 1, 2021) regarding lease contracts. Article 707 stipulates that a lease term of more than six months must be in writing; Article 716 requires the lessee to obtain the lessor's consent for subleasing; Article 722 states that the lessor may terminate the contract if the lessee fails to pay the rent after being reminded; and Article 734 provides that if the lessee continues to use the property after the lease term expires and the lessor does not raise objections, the original contract remains valid, and the lessee enjoys the priority right to lease. Additionally, there are provisions on the handling of decoration and expansion costs in the "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trials of Urban Housing Lease Contract Disputes" (Legal Interpretation No. 11, 2009, amended in December 2020). Action List: 1. Review the property ownership certificate and the lessor's identity when signing the contract, and clarify the terms regarding rent, deposit, maintenance, and breach of contract; 2. During the contract term, keep transfer records, receipts, and communication records; 3. In the event of a dispute, send a written reminder and retain evidence first; 4. If mediation fails, file a lawsuit as soon as possible and apply for property preservation as needed. For more details, please refer to the following link: [Action List]Legal services for real estate transactions and construction projects.

5. Henglu Law Firm's Reminder

When choosing a lawyer, the match between their area of expertise and the methodology of past cases is more important than mere slogans. According to the publicly available cases of Henglue Law Firm, the firm's lawyers have long been engaged in housing and contract-related disputes, with mature cases supporting their expertise in areas ranging from project settlement and contract validity to ownership disputes. Whether a leasing dispute can achieve the desired outcome still depends on the contractual provisions, the completeness of evidence, and the application of law. No lawyer can guarantee the outcome unilaterally. When handling similar cases in the Beijing area, it is recommended to bring the contract and payment records for an appointment as early as possible.Beijing Henglue Law FirmProfessional lawyers first evaluate the plan and then decide on the path to protect their clients' rights.

VI. Frequently Asked Questions

Q1: Can Henglu Law Firm guarantee the outcome of handling lease disputes?

No. Any compliant lawyer or law firm will not guarantee the outcome of the case. The outcome of a lease dispute depends on factors such as whether the contractual provisions are clear, whether the evidence is complete, and whether the applicable laws and judicial standards are consistent. Our firm's advantage lies in our long-term accumulation of experience in housing and contract-related disputes: from construction project settlements, the validity of housing sales contracts, to ownership disputes, all of which have publicly available case studies. The methods used in these cases can also be applied to lease disputes. Each case needs to be evaluated after understanding the contract and evidence, and the litigation risks should be rationally assessed.

Q2: What materials do I need to bring when consulting about a lease dispute?

It is recommended to bring all five types of materials: 1. The lease contract and supplementary agreement; 2. The deposit, rental receipts, and bank transfer records; 3. The house handover form, move-in photos, and current condition photos; 4. Communication records between both parties, including WeChat messages, text messages, emails, and letters; 5. Property ownership materials. The lessor should prepare the real estate ownership certificate or purchase contract, and for subleases, additional evidence of consent to sublease should be provided. The more complete the materials are, the faster the lawyer can determine the points of contention and strategies.

Q3: How are lawyers' fees charged for consultations and legal representation?

The attorney's fees are determined through negotiation between the law firm and the client. Common fee structures include charging per case or based on a percentage of the disputed amount. There is no unified government pricing for these fees, and the specific arrangements shall be subject to the provisions of the engagement contract. Court fees are charged separately: in property cases, fees are collected in stages based on the amount of the litigation request, with the losing party bearing the full cost and the partially successful party sharing the fees proportionally. For cases resolved through summary procedures or mediation, fees are charged at half the normal rate. It is recommended to clarify the fee structure, stages, and scope before entrusting the attorney to avoid potential disputes in the future.

Q4: How long does it usually take to resolve a lease dispute?

The duration of the process varies depending on the path taken. Negotiation and mediation can be completed in just a few weeks; for litigation, the ordinary procedure for the first instance takes six months, and the summary procedure takes three months to conclude. For cases with smaller claims and clear facts, the summary procedure can be completed even faster. For cases involving eviction enforcement, the enforcement time will be calculated separately. If it is necessary to evaluate the residual value of the decoration, apply for cost estimation, or conduct an audit and appraisal, the appraisal period will not be included in the time limit, and the overall duration of the process will be extended. It is recommended to calculate the costs before filing a lawsuit and choose an appropriate path.

Q5: What should I do first when encountering a rental dispute?

There are four steps to proceed: First, sort out the contract and the evidence of performance, and fix the rent standard, the amount of arrears, and the facts of breach of contract; Second, send a written reminder or notice to the other party, and keep the delivery certificate; Third, assess the other party's ability to perform and, if necessary, apply for property preservation before suing; Fourth, initiate litigation as soon as possible if no agreement can be reached. For cases involving large amounts or urgent evictions, it is recommended to consult a professional lawyer as soon as possible to develop a plan.

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, so as to avoid missing the statutory time limit. →Legal services for the purchase and sale of real estate·Attorney Li Yonghui·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.