[Direct answer]After the house is delivered to the lessee, the landlord no longer enjoys the right to enter the house at will. In principle, entering the rented house requires the lessee's consent, or is limited to legitimate reasons such as inspection, repair, and showing the house as agreed in the contract, and the lessee must be notified in advance. During the lease period, the lessee legally occupies the house. Although the ownership of the house still belongs to the landlord, the right to occupy and use the house has been transferred with the delivery. The provisions of the Contract Chapter of the Civil Code of the People's Republic of China (effective January 1, 2021) on the delivery and use of the leased object, and the Possession Chapter on the protection of possession, jointly define this boundary. Opening the door without the lessee's presence with a spare key, frequent showing the house without notice, and handling or filming items in the house may constitute both a breach of contract and an infringement of the lessee's right to privacy. If there are urgent needs such as water leakage repairs and gas maintenance, they should be limited to the necessary scope and the lessee should be notified in advance. The judgment should focus on three aspects: the contract provisions, the reasons for entering the house, and the notification procedures, rather than simply saying "the house is mine".

I. Problem background and typical scenarios

A spare key is often the starting point of such disputes. At the moment of signing the contract and handing over the keys, the tenant gains exclusive possession of the property, but the key left with the landlord can easily give people the illusion that they can enter at any time. Typical scenarios include: the landlord using the spare key to check the house while the tenant is at work, to see if there is overcrowding or pets kept; entering without notice multiple times when the lease is about to expire to show the house to new tenants; entering without permission to take photos of potential damage; frequent visits under the guise of maintenance, meter reading, or inspections; and in some cases, even moving furniture, tampering with drawers, or installing cameras indoors. When the tenant discovers this, they are often both angry and anxious: wondering if their belongings have been tampered with, whether their privacy has been violated, and whether their living peace can be guaranteed. They then demand that the landlord stop entering, change the locks, or even request to terminate the contract and return the security deposit. Variations include: contracts that stipulate that the landlord can conduct regular inspections but fail to specify the time and method; strangers claiming to be the landlord entering the house after it has been handed over to a sublandlord; only one room being entered in a shared rental; and emergency repairs such as water leaks, gas leaks, or electrical faults. The main parties involved, in addition to the two sides, often include real estate agents, property management companies, maintenance personnel, and new tenants who come to view the house. The essence of the disputes lies in how to delineate the boundaries of ownership and occupancy rights after the handover, how to interpret the agreed-upon entry clauses, and what constitutes legitimate exceptions. The answers to these questions are often hidden in the contract text, door lock records, and communication notices.

II. Key points of contention

The disputes typically revolve around seven main issues. First, the ownership of the property after delivery: whether the landlord's ownership still includes the right to enter without consent, and whether the tenant can exclude the landlord's arbitrary entry through lawful possession. Second, the agreed boundaries: whether the contract's provisions for regular inspections and viewings imply permission for unannounced entry, and how to interpret the frequency of inspections, inspection times, advance notice requirements, and accompanying obligations. Third, the determination of random entry: the nature and consequences of unannounced door opening, repeated or prolonged entry involving disturbance or filming differ depending on frequency, timing, purpose, and whether it causes interference. Fourth, legal classification: this may involve breach of the lease contract, infringement of privacy and residential privacy, and more severe cases may lead to public security handling, with different bases for claims and evidentiary burdens. Fifth, justified exceptions: whether emergency repairs, lawful inspections, or risk avoidance are genuine, whether they are limited to necessary scope, and whether notification is provided afterward. Sixth, evidence and admissibility: smart lock logs, corridor and elevator footage, neighbor and property management testimonies, chat and notification records, and the legality of indoor camera footage, especially if it captures private areas of others. Seventh, remedies and consequences: cessation of infringement, removal of obstacles, apologies, compensation for property and lost work time, rent reductions, contract termination and deposit refunds, and whether moral damages can be established. The parties' arguments typically focus on these issues: the landlord claims the property is his own and is just conducting routine inspections or necessary repairs; the tenant claims unauthorized frequent disturbances, interference with possessions, and invasion of privacy. The adjudicator's determination typically follows this order: first, confirming the delivery and possession status, then reviewing the contract's provisions on entry, followed by determining whether each entry had consent or a legitimate reason, and finally addressing responsibilities and damages.

III. Professional analysis by Hengluo Law Firm

Breaking down the problem into three layers: boundaries, proof, and remedies, is the most systematic approach to handling it. **First layer: rights boundaries** After delivery, the lessee obtains exclusive possession. The landlord's entry must be based on one of three grounds: contractual agreement, prior consent from the lessee, or emergency necessity. If the contract is ambiguous, it cannot be interpreted as allowing unannounced or unlimited access. According to the Civil Code of the People's Republic of China (effective January 1, 2021), the landlord has the obligation to ensure the lessee's peaceful use of the leased property in accordance with the contract. **Second layer: proof** Evidence is organized into three categories: entry facts, unauthorized entry, and damage consequences: - **Entry facts**: Smart locks or door access logs, elevator footage, property management or neighbor testimonies, changes in item placement, or the landlord's admission of entering the property. - **Unauthorized entry**: Lack of invitation, explicit refusal, records of notice or absence. - **Damage consequences**: Property inventories, receipts, loss of working hours and medical records, on-site photos. **Third layer: remedies** From mild to severe, the remedies include: - Submit a written objection and retain the delivery record. - Require prior notice and landlord accompaniment for future entries. - Replace or install new lock cylinders while informing the lessee in writing and retaining the original cylinders. - Report unauthorized entry or trespassing to the police. - Seek mediation or pre-litigation conciliation. - If unsuccessful, sue for cessation of infringement, removal of obstacles, and compensation. In urgent cases, apply for an injunction under the Civil Procedure Law of the People's Republic of China (amended December 24, 2021, effective January 1, 2024) to prohibit unauthorized entry and preserve evidence (logs and footage). - Appeal within the statutory time limit if dissatisfied with the first-instance ruling. For indoor camera installations, special attention must be paid to legality: - Installation in legally owned spaces covering only entrances and personal areas is generally admissible. - Filming private spaces or secret recording may be excluded as evidence and trigger new disputes. - Refer to relevant legal provisions.The page for real estate sales and construction project servicesA description of the ownership subject and the delivery and possession in China. The court's ruling logic, in the final analysis, is that possession is exclusive, agreements are interpreted strictly, exceptions are strictly handled, losses are compensated according to evidence and causality, and moral damages are strictly reviewed.

IV. Practical suggestions and legal basis

The main legal basis is primarily derived from the Civil Code of the People's Republic of China (effective January 1, 2021), specifically the provisions on the delivery and contractual use of leased property in the Contracts Chapter, protection of possession in the Property Chapter, and privacy and peaceful enjoyment of private life in the Personal Rights Chapter. Procedural and preservation measures are governed by the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and effective January 1, 2024), while litigation fees are governed by the Litigation Cost Payment Measures (effective April 1, 2007). The Urban Real Estate Management Law of the People's Republic of China (amended on August 26, 2019) can be used to verify whether the visitors are registered right holders. The implementation recommendations include six key points: 1. When signing the contract, specify the entry terms in detail: conditions for inspection, time limits for advance notification, permitted entry hours, whether the lessee needs to accompany the inspector, and frequency of inspections. The more specific the terms, the less likely there will be ambiguity. 2. During delivery, inventory and retrieve or register the number of spare keys. If the lock cylinder can be replaced, do so immediately and retain the delivery confirmation. 3. If the landlord needs to enter the property, always notify and obtain consent in a traceable manner, specifying the reason, time, and personnel involved. If urgent repairs prevent timely notification, the landlord should provide an explanation and attach property or maintenance records afterward. 4. If the lessee discovers unauthorized entry, immediately export the smart lock log, save elevator footage, and photograph the property's condition. Send a written objection to the landlord and retain proof of delivery. 5. Before changing locks or installing cameras, verify whether the contract prohibits such actions. When changing locks, notify the lessee in writing and retain the original lock cylinder. Install cameras only within the property's boundaries to avoid turning a justified action into a breach of contract. 6. When claiming damages, provide supporting evidence separately for cessation of infringement, property loss, rent reduction, and termination and return of the property. Ownership does not disappear due to leasing, but the right to possession and use belongs to the lessee during the lease term. This is the starting point for all legal judgments.

5. Hengluo Law Firm's Reminder

There are three points that are easily overlooked. Firstly, a spare key is not a pass: having the key in your hand doesn't mean you can open the door at any time. After handing it over, every entry should have a clear basis. The landlord should keep the notice and consent in writing, and the tenant should keep a record of objections and refusals. This saves both parties trouble. Secondly, agreements should be detailed: only writing that the landlord can conduct regular inspections is not enough. If there's no clear stipulation about how long in advance to give notice, what time periods are allowed, who can attend, or whether photos can be taken, it's not truly effective. Thirdly, damage control should also stay within boundaries: even if the tenant changes the lock or installs cameras to feel immediately reassured, if the contract explicitly prohibits it or the cameras capture private areas of others, it may instead be construed as a breach of contract or infringement of rights. It's advisable to notify in writing first, keep the original lock cylinder, and limit the scope of filming. Emergency issues like water leaks and gas problems are exceptions, but property or maintenance records should be supplemented afterwards. Keeping the contract, notifications, door lock logs, and on-site conditions chronologically organized will carry far more weight in case of disputes than simply saying "how dare you come in without authorization".

VI. Frequently Asked Questions

Q1: If the landlord enters the house with a spare key without permission, is that a breach of contract or an infringement of rights?

It may constitute both violations, and the claimant may choose one or combine them. Violating the lease agreement regarding peaceful use and the requirement to provide advance notice for entry constitutes a breach of contract; entering a residence legally occupied by others without consent and infringing on privacy and peaceful living constitutes a tort. The Civil Code of the People's Republic of China (effective January 1, 2021) provides legal basis for both in its Contracts Chapter and Personal Rights Chapter; more serious cases may also trigger public security handling. If the contract stipulates that entry requires notification but the landlord fails to provide notice, the breach of contract is more straightforward. If accompanied by searching, filming, or prolonged stays, the infringement aspect becomes more pronounced. When choosing a claim, the evidence available should be considered: if there are contractual provisions and notification records, it's easier to pursue a breach of contract claim; if there are evidence of privacy infringement and property damage, a claim for infringement can be combined with the breach of contract claim. The ownership of the property does not change this judgment.

Q2: How can the door lock opening records and indoor camera footage be used to prove unauthorized entry?

The two sets of evidence respectively address the issues of whether entry occurred and whether it was done without consent. Smart locks or access control systems with time stamps and account information, elevator footage, testimonies from neighbors and property management, and changes in the location of items can prove the fact of entry. If there are no invitations in the chat, clear refusals, or records showing that the other party admitted entering the house, this can prove that the entry was unauthorized. According to the "Civil Procedure Law of the People's Republic of China" (amended on December 24, 2021 and implemented on January 1, 2024) regarding the review of the authenticity and legality of electronic data, the logs must be exported as original records, and the devices must be preserved. Indoor cameras must be installed in spaces that the owner legally owns and must not film private areas of others, otherwise they may be excluded as evidence. Only when the two sets of evidence corroborate each other can we form a closed loop. Isolated evidence is easily diluted by explanations such as "just checking the water and electricity".

Q3: Is the filing fee for suing to remove obstacles calculated per case or per subject matter?

Simply requesting to stop infringement and remove obstacles is usually charged per case, and the fees are not high. According to the "Measures for the Payment of Litigation Fees" (implemented on April 1, 2007), property cases are charged with acceptance fees in stages based on the litigation object. For non-monetary requests such as stopping infringement and removing obstacles, which do not involve specific amounts, they are usually charged per case as non-property cases; if the plaintiff also claims property losses, rent reductions, or emotional damages in the same case, the monetary part will be included in the total amount, and the overall fees will increase accordingly. The acceptance fees are prepaid by the plaintiff when filing the case. After the trial is concluded, the losing party is generally responsible for paying the fees. If the plaintiff partially wins and partially loses, the fees will be shared according to the proportion of liability. For cases settled through mediation, the fees will be negotiated separately or determined by the court. Separating behavioral requests from monetary requests makes it easier to estimate the costs.

Q4: How many days does it take for the court to issue a ruling requiring the landlord to stop trespassing and preserve the evidence?

In urgent cases, the court usually makes a ruling within 48 hours after accepting the application. According to the provisions of the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2024) on protective measures against acts, if the situation is urgent and failure to take immediate protective measures will cause irreparable damage to legitimate rights and interests, the applicant may apply for an order to stop the relevant acts before or during the litigation. After accepting the application, the court shall make a ruling on the urgency of the situation within 48 hours, and the protective measures ordered by the court shall be implemented immediately. The applicant generally needs to provide a guarantee and shall file a lawsuit within the statutory period. If the applicant fails to file a lawsuit within the time limit, the protective measures will be lifted. When repeatedly trespassing, accompanied by moving or photographing, it is more likely to explain the urgency by attaching the door lock log, the alarm receipt, and the written objection together.

Q5: If you find that the landlord has entered the house without permission, should you change the lock cylinder first or negotiate with them in writing first?

First, make a written complaint and secure evidence. Change the lock cylinder afterwards, leaving room for negotiation. On the same day, take photos and videos of the door lock status, the position of indoor items, and possible entry traces. Export the smart lock log and send a written objection to the landlord, stating the time of unauthorized entry, demanding that the landlord stop the intrusion and provide advance notice in the future, and retaining the proof of delivery. According to the provisions of the Civil Code of the People's Republic of China (effective January 1, 2021) regarding possession and use and contract performance, the lessee has the right to claim peaceful use of the house in accordance with the contract and without unjustified interference. Although changing the lock cylinder can immediately stop the loss, some contracts prohibit unauthorized lock replacement. It is advisable to notify the landlord in writing first, keep the original lock cylinder and keys, and explain that the action is to prevent further entry to avoid being accused of breaching the contract.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence 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. →Legal services for real estate transactions·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 case of disputes, please consult a practicing lawyer in time.