[Direct answer]In the Beijing area, if the lessee refuses to move out after the lease term expires or the contract is terminated, the lessor may not take private enforcement measures such as changing the locks or removing the lessee's belongings. Otherwise, the lessor may face infringement or compensation liability. The correct approach is to claim the return of the house in accordance with the law: According to Article 733 of the Civil Code of the People's Republic of China, the lessee shall return the leased property upon the expiration of the lease term; if no agreement can be reached, the lessee may file a lawsuit with the people's court of the place where the house is located to request the eviction. After obtaining a valid judgment, the lessee may apply for compulsory enforcement, and the court will forcibly evict the lessee in accordance with the enforcement procedures. It is recommended to first fix the evidence of the expiration of the lease term, the lessee's default, and the lessee's breach of contract. If necessary, consult a professional lawyer to design an eviction plan. For more details, please refer to the following link:Creditor-debtor relations and enforcement case services.

I. Problem Background and Typical Scenarios

Tenants often fail to vacate the premises after the lease term expires, the contract is terminated, or when a property is rented out to two tenants simultaneously: tenants delay the move on the grounds of "not finding a new place to live"; tenants default on the rent and go missing, leaving the property occupied and preventing new tenants from moving in; and in the case of subletting, the subsequent tenants refuse to vacate. Many landlords attempt to quickly change the locks, cut off water and electricity, or remove belongings on their own, only to be sued by tenants for property damage and illegal trespassing. The eviction of tenants essentially involves the right to return the leased property, which must be achieved through "litigation and enforcement". Private remedies carry high risks. Regarding the standards for the delivery of the property, it can be combined with other relevant provisions.Real estate sales and construction project servicesClarify the handover process.

II. Key points of contention

There are three focal points of such disputes. Firstly, the basis for return: whether the lease term has indeed expired or whether the contract has been legally terminated, which is a prerequisite for requesting eviction. The landlord needs to prove that he has given notice in accordance with the rules. Secondly, the legality of occupation: whether the tenant's claim to continue occupying the property has any contractual or legal basis, such as the principle of "the lease remains in effect even after the sale of the property", the rights of sub-lessees, etc. Thirdly, the method of enforcement: after the effective judgment, only the court can forcibly evict the tenant. Self-eviction is not allowed and may easily lead to compensation. For disputes involving the effectiveness of contract termination, reference can be made to relevant legal provisions.Business and contract dispute services for enterprisesJudgment.

III. Professional analysis by Hengluo Lawyers

Based on practical observations in handling housing eviction disputes, the most common pitfall that landlords fall into is "using violence to deal with delays". According to Article 733 of the Civil Code, upon the expiration of the lease term, the lessee shall return the leased property; however, the fulfillment of the obligation to return the property must rely on public enforcement, and the landlord has no right to deprive others of their possession privately. Hengluo Lawyers usually suggest the following steps: first, send a written notice to the lessee informing them that the lease will not be renewed or terminated, and keep the proof; give them a reasonable period to move out; if they still fail to move out after the deadline, sue for eviction and, if necessary, claim possession and use fees; after the judgment takes effect, apply for enforcement in a timely manner, and let the court announce and organize the eviction. For items left behind by the tenants, they should also be disposed of in accordance with the law under the supervision of the court, and avoid handling them on their own to avoid causing compensation. For cases involving the enforcement of funds, they can proceed with the next steps.Creditor-debtor relations and enforcement case servicesAdvance.

IV. Practical suggestions and legal basis

The legal basis is Article 703 of the Civil Code of the People's Republic of China (effective January 1, 2021) (definition of lease contracts), Article 733 (return of leased property upon expiration of the lease term), and Article 563 (statutory right of rescission); after the eviction enters the enforcement stage, it shall be handled in accordance with the provisions of the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and effective January 1, 2022) regarding the enforcement procedures for forcibly removing occupants from properties. Practical advice: Clearly stipulate the requirements for moving out upon expiration of the lease term and the overdue possession fees in the contract; send written notices and grant a reasonable period of time before the expiration of the lease term; sue for eviction and claim possession and use fees against those who refuse to move out; and apply for forced enforcement after the judgment takes effect, with the court forcibly removing the occupants in accordance with the law. It is strictly prohibited to evict occupants by private means.

5. Henglu Law Firm's Advice

When the tenant refuses to move out, remember the principle of "seeking official assistance and avoiding private eviction". Changing locks, cutting off water supply, and throwing away belongings not only fail to evict the tenant effectively, but may also lead to counter-claims for compensation due to damage to property or infringement of possession rights, which is not worth the effort. Instead, you should first send a written notice to formalize the expiration of the lease and the urging to vacate, and give a reasonable period for moving out. If the tenant fails to comply within the time limit, you can sue them and claim possession and use fees, quantifying the losses caused by the occupation of the property into an enforceable monetary claim. After the judgment, you can entrust the court to enforce the eviction, keeping all relevant evidence and proceeding in accordance with the law to minimize your own risks. If you need legal documents and solutions, you can seek assistance from relevant professionals or organizations.Special services and other case servicesSupport.

VI. Frequently Asked Questions

Q1: If the landlord evicts the tenants by himself, can he win the case, and will he be held accountable for it instead?

It is extremely risky to evict tenants by oneself, and it is not recommended to do so. According to Article 733 of the Civil Code, the return of the house should be achieved through public remedies, and the lessor has no right to deprive others of their possession privately. If you change the locks, cut off water and electricity, or remove the tenants' belongings, the tenants can claim damages to their property, infringement of possession, or even illegal intrusion, and demand compensation in return. Moreover, the goal of eviction may not be achieved. The legal and safe approach is to sue for eviction and apply to the court for forced removal after obtaining a judgment. The key to success lies in proving that the lease term has expired or that the contract has been legally terminated, rather than who acted first. Never believe in the quick-fix rhetoric of evicting tenants by private force.

Q2: To sue the lessee to vacate the premises, what evidence do I need to prepare?

The core evidence includes: the housing lease contract and ownership certificates (proving that you have the right to lease and reclaim the property), notifications and delivery records of the expiration or termination of the lease (proving that the request for return has been legally raised), receipts of paid or unpaid rent and fees, written notices and receipts of eviction, on-site photos or videos (proving that the property is still occupied), and the tenant's identity information. The evidence targets the "termination of the lease and unjustified occupation". With all the materials in place, it will be easier to gain support for the claims of eviction and occupancy fees, and avoid having the claims rejected due to unclear facts.

Q3: How much will it cost in attorney's fees and litigation expenses to sue for the eviction of tenants from the house?

The litigation fees are calculated according to the amount of the litigation request in accordance with the "Measures for the Payment of Litigation Fees". For eviction cases where the occupancy and use fees are also claimed, the litigation fees shall be calculated based on the corresponding amount, and the losing party shall bear them. The attorney's fees are calculated according to the complexity of the case and the size of the subject matter, either on a per-case basis or as a percentage of the subject matter value, with the specific fees determined by the power of attorney. There is no unified standard for this. Since eviction often involves arrears in rent and occupancy fees, it is recommended to claim multiple requests together, comprehensively calculate the attorney's fees and litigation costs, and, if necessary, entrust lawyers to handle them collectively to improve efficiency.

Q4: How long does it usually take to evict people through legal proceedings?

The litigation cycle is affected by the legal procedures: ordinary first-instance proceedings are concluded within six months, and summary proceedings within three months; cases with clear facts may apply summary proceedings. After obtaining the judgment, if the tenant appeals, the second-instance trial generally takes three months. After the judgment takes effect and enters the enforcement phase, the court will announce and set a deadline for eviction. Organizations that refuse to vacate the premises will be forcibly evicted. The enforcement cycle will depend on their cooperation and the property situation, and may take several months. Overall, it often takes more than half a year from filing a lawsuit to actual eviction. It is recommended to fix the evidence in advance and claim possession and usage fees simultaneously to avoid the long-term idle use of the property.

Q5: If the tenant refuses to move out, what specific steps should I take first?

It is recommended to proceed in four steps: First, deliver a notice of the expiration of the lease term or the termination of the contract in writing, specify the deadline for moving out, and keep the delivery receipt; Second, issue a reminder before the deadline, give a reasonable period for moving out, and fix the evidence of their continued occupation; Third, if no agreement is reached, file a lawsuit with the court where the house is located, request the eviction of the house and claim the overdue occupation and use fees; Fourth, after obtaining a valid judgment, apply for forced execution in time, and the court will forcibly evict the tenant and dispose of the left-behind items under the supervision of the court. Throughout the process, avoid private evictions and recover the house safely through legal documents and enforcement procedures.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm about specific situations.

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. →\nLegal services for creditor-debtor disputes·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. In the event of a dispute, please consult a practicing lawyer in a timely manner.