[Direct answer]The landlord unilaterally cutting off water and electricity to force the tenant to vacate the premises is legally unfounded. If the lease term has not expired and the rent has been paid as agreed, the lease contract remains binding on both parties. The lessor cannot deprive the lessee of possession and use by threatening to cut off supplies. Water and electricity supplies are usually settled by the lessee or the registered household head with public utility companies. If the landlord unilaterally reports the suspension of services or cuts the wires, it will not produce the effect of legal termination and will constitute an interference with possession. The lessee has the right to demand the immediate restoration of water and electricity supplies and claim compensation for actual expenses such as accommodation and business suspension. In urgent situations, the lessee may apply for preliminary enforcement or preservation of evidence in accordance with the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2024).

1. Problem background and typical scenarios

Such conflicts rarely erupt on the day of signing the contract, but mostly occur in the middle of the lease period. Landlords may terminate the lease early due to plans to sell the property, recover it for self-use, fail to negotiate a rent increase, or anticipate a demolition in the area and want the tenants to move out early. After oral negotiations fail, they resort to methods such as cutting off water and electricity, changing locks, and stopping gas supplies. The typical timeline is that the landlord first notifies the tenant to vacate the premises via WeChat, and the tenant responds that the lease has not expired. A few days later, water and electricity are shut off or household wiring is cut, and the tenant finds themselves unable to cook or illuminate at night. They first argue with the property management company, then call the police and seek mediation from the neighborhood committee, temporarily staying in hotels before resorting to litigation when negotiations break down. Different housing types have variations: in shared apartments, only one bedroom's electricity is cut off; in commercial properties, three-phase electricity is shut off, causing freezers to thaw and restaurants to close; when sublandlords abscond with rent payments, the main landlord directly cuts off supplies to subtenants. Another common dispute is landlords claiming tenants owe back rent, when in fact the rent has been transferred monthly with vague payment notes, leading to conflicting accounts. Many spend their first few days after disconnection repeatedly making phone calls without documenting evidence, only to realize at trial they can't clarify when the disconnection occurred, how long it lasted, or the extent of losses. More passively, some impulsively reconnect cables or break locks, creating safety risks and potentially being accused of damaging property. The first response to disconnection should be recording, verifying, and issuing written notices, rather than emotional confrontation. Another overlooked scenario: leases only specify monthly payments without conditions for unilateral termination or advance notice periods. Landlords believe they can reclaim the property with a one-month notice, while tenants assume a one-year lease term. In commercial leases, disconnection may trigger breach of contract against third parties, lost orders, and employee layoff costs, with more complex loss structures requiring distinguishing direct expenses from lost profits, which courts assess more cautiously. Water and electricity contract counterparties are typically tenants or property registrants, with landlords not having automatic authority to disconnect supplies. Tenants must verify the disconnection party before deciding whether to restore services with utilities or hold the landlord accountable. Disconnection to force evictions simultaneously involves lease contracts and possession protection, requiring legal strategies tailored to each case.Real estate transactions and construction projectsThe special page systematically sorts out the steps of handling such disputes according to the process.

II. Key points of contention

The disputes typically focus on three points, each of which requires corresponding evidence to support it. The first point concerns the legal nature of the dispute: whether the disconnection of utilities and forced eviction constitutes a breach of the lease agreement, an infringement of possession, or a combination of both. Different legal characterizations require different claims in the lawsuit. For example, if the claim is to enforce the contract and restore utilities, the case follows the contractual path; if the claim is to remove obstacles and return the property, the case follows the path of protection of possession. The two approaches can be parallel, but they should not be confused with each other, let alone simply stating a demand for the landlord to stop harassment. The second point concerns the allocation of the burden of proof: the tenant must at least prove that the lease agreement is legally valid, that they have paid the rent according to the contract, that the disconnection of utilities is an objective fact, and that there is a causal chain between the loss and the disconnection of utilities. Any omission of any of these four elements could easily be exploited by the opposing party. If the landlord defends against the tenant's claims by arguing that the tenant owes rent, sublets the property without authorization, changes the use of the property, or stores dangerous goods, they must provide corresponding evidence and cannot simply evade responsibility by claiming that the tenant is uncooperative. In practice, the key lies in whether fragmented evidence such as electricity meter readings, payment records, disconnection work orders, police reports, video footage, hotel invoices, and receipts for spoiled food can be arranged into a coherent timeline. The third point concerns procedures and time limits: which court to sue in, whether it is possible to obtain a restoration order before the judgment, whether the rent should still be paid during the disconnection period, and how the statute of limitations is calculated all directly affect the pace of protecting rights. The arguments of both parties are typically typical: the landlord often claims that they have given advance notice, that the property has other uses, or that the disconnection was due to line maintenance or unpaid fees; the tenant responds that the lease has not expired, that the rent has been paid monthly, or that the landlord forced them to leave by disconnecting utilities. The court's reasoning typically follows the following logic: first, confirm the validity of the contract and the parties' performance status, then evaluate whether the disconnection method exceeds the limits of reasonable self-help, and finally determine the compensation based on verifiable evidence. Oral statements about the number of days of power outage and the amount of losses are often discounted.

III. Professional analysis by Hengluo Law Firm

When handling such disputes in practice, Hengluo Lawyers typically organize the materials into three layers. The first layer is the ownership and lease agreement layer: the ownership certificate or purchase contract, the original lease agreement, supplementary agreements, transfer records of deposits and rents, the landlord's identity and contact information, used to determine who has the right to lease, the lease term, and the month the rent was paid. The second layer is the default fact layer: photos of the water and electricity meters before and after the default, records of suspension or arrears inquiries from the business hall, a property statement, police report receipts and records of the police's arrival, complete chat and call recordings of negotiations with the landlord, and timestamps of on-site video footage, used to reconstruct the start and end times and the parties involved. The third layer is the loss layer: hotel or short-term rental invoices, takeout and food expenditures, order breach compensation due to business suspension, and necessary relocation and temporary storage costs, all of which must be traceable to the period of default and distinguished from normal living and operating expenses. Common mistakes include three types: first, only taking photos without reporting to the utility company, resulting in an unclear reason for the default; second, filing a lawsuit only to seek an explanation or a general compensation request without specifying the specific act of restoring water and electricity supply, making it difficult for the court to issue an enforceable judgment; third, relying solely on verbal communication, with conflicting accounts afterward. In terms of lawsuit design, a more secure combination is to request removal of obstacles and restoration of supplies, simultaneously claiming actual losses incurred and contractual penalties, and applying for preservation of evidence or preliminary execution if the situation is urgent. If the lessee intends to move out, the parties can negotiate a package deal covering restoration of supplies, a grace period for relocation, deposit refunds, and one-time compensation in a written agreement. Judging from the public judgments in Beijing, the court generally views forced evictions due to utility supply cuts negatively, with requests for restoration of supplies more likely to be supported; however, compensation claims highly depend on documentary evidence. Unsupported business losses often receive discretionary support or are not recognized at all. Focusing on the continuity of evidence and the enforceability of claims is more valuable than repeatedly negotiating over compensation amounts.

IV. Practical suggestions and legal basis

From the perspective of legal norms, the Civil Code of the People's Republic of China (effective January 1, 2021) establishes the basic rules of full performance and prohibition of unilateral termination in the Contract Chapter, while the provisions on possession in the Property Chapter provide the possessor with the means to request removal of obstacles, return of the original object, and compensation for damages. These two provisions form the basis for claiming resumption of supply and seeking compensation. In terms of procedures, the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and effective January 1, 2024) applies provisional execution and preservation of rights to cases involving urgent situations, clear rights and obligations, and serious impacts on basic living or operations if resumption is not immediate. Applicants typically need to provide corresponding guarantees. Fees are calculated according to the Methods for Payment of Litigation Costs (effective April 1, 2007): for claims solely seeking resumption of supply, fees are charged per case; for claims seeking compensation, the property portion is paid in stages based on the litigation amount, with the losing party ultimately bearing the costs or sharing them according to liability ratios. Property verification and lease management can refer to the Urban Real Estate Management Law of the People's Republic of China (amended on August 26, 2019) and the Interim Regulations on Real Estate Registration (effective March 1, 2015). Before signing the lease, the lessee should verify the property owner and mortgage status to reduce future risks. Operationally, the process is recommended to follow four steps: 1. On the day of supply cutoff, verify the reasons and keep records, request a written inquiry conclusion from the business office, report the case to the police and obtain a receipt, and photograph the electricity and water meters and the current condition of the premises. 2. Send a reminder to the landlord via WeChat, SMS, and written letter, stating the lease basis, the facts of supply cutoff, a reasonable deadline for resumption, and the consequences of failure to comply, and retain the delivery proof. 3. Apply to the court for preservation of rights or provisional execution based on the urgency of the situation, file a lawsuit simultaneously, and list resumption of supply as an independent claim. 4. Compile a list of losses and receipts, calculate the proportion of litigation fees, guarantee fees, and claimable interests, and then decide whether to add compensation claims.

5. Hengluo Law Firm's Reminder

There are three points worth remembering in the first few days after the service suspension. Firstly, fix the evidence as early as possible: materials such as water and electricity meter readings, service suspension orders, police reports, and video timestamps are easier to preserve the earlier they are collected. It's often impossible to reconstruct the start and end times if they are supplemented two weeks later. In particular, it's important to distinguish whether the service suspension was implemented by public utilities due to unpaid bills or maintenance, or caused by the landlord's suspension or disconnection of power lines. The responsibilities and recovery channels for the two scenarios are completely different. Secondly, clarify time limits and behavioral boundaries: it's advisable to request service restoration as soon as possible. The longer the delay, the harder it will be to recognize losses such as temporary accommodation as necessary expenses. The statute of limitations for ordinary creditor claims is three years, starting from the date when the claimant becomes aware of the infringement of their rights and the obligee's actions. More importantly, don't use measures such as completely stopping rent payments, illegally reconnecting power lines, or changing locks to resist the landlord's actions. The former may be counter-attacked as a breach of contract, while the latter involves personal and fire safety risks and may lead to public security or compensation disputes, giving up the initiative. Thirdly, rationally assess the costs: litigation fees are prepaid per case or based on the amount of the claim, and expenses such as guarantees, notarization, evidence collection, and legal representation should be included. If the claimable losses are limited, it's often more cost-effective to prioritize written reminders and mediation. For commercial leases requiring litigation, separate the expected profits from the direct expenses to avoid including unsubstantiated anticipated profits in the claim. By maintaining thorough records, formulating specific claims, and staying within legal boundaries, it's usually more effective in protecting living and business interests during the lease period than engaging in endless disputes.

VI. Frequently Asked Questions

Q1: Can the lessee apply for removal of obstacles when the water and electricity supply is cut off and they are forced to move out?

Yes, provided that the lease agreement is still in effect and the situation is urgent. According to the rules on protection of possession in the Civil Code of the People's Republic of China (effective January 1, 2021), lessees who occupy the house based on a valid lease agreement have the right to request removal of obstacles and restoration of the original state. The act of cutting off utilities to coerce the lessee into eviction does not produce the effect of legally terminating the lease. If the cutting off of utilities has affected the lessee's basic living or operation, the lessee may also apply for protective measures or enforcement in advance according to the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and effective January 1, 2024), and the court will order the restoration of the original state before making a judgment. The application shall be accompanied by the lease agreement, bank statements, and evidence of the cutting off of utilities, and a guarantee shall be provided. If the landlord provides evidence that the lessee owes back rent, the determination of urgency will be tightened.

Q2: What records should be kept to prove that the landlord illegally cut off the water and electricity supply?

The four types of materials are the most crucial and must be organized chronologically. First, the lease and performance certificates, including the lease contract, the rent payment records of the past six months, and the deposit receipts, to prove that the lease period has not expired and there is no rent arrears; Second, the evidence of power and water supply interruption, including photos of the meter readings, the work orders for suspension of service or arrears from the business hall, the property descriptions, and the time-stamped videos; Third, the evidence of negotiation, including the police report receipts, chat recordings, written reminders, and delivery certificates; Fourth, the evidence of losses, including hotel invoices, food receipts, and breach of contract compensation documents. According to the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2024), the party who makes the claim must provide the evidence. If any of the four layers is missing, the other party will easily exploit loopholes in the reasons or amounts of the power and water supply interruption.

Q3: How much is the filing fee required to sue for the restoration of water and electricity supply?

It should be calculated in two parts and cannot be generalized. According to the "Measures for the Payment of Litigation Costs" (implemented on April 1, 2007), only cases involving requests for resumption of supply or removal of obstacles are non-property cases, and the litigation fees are paid per case. If the plaintiff also claims compensation for accommodation, business suspension, etc., the property-related part shall be paid in advance in stages according to the amount of the litigation subject matter, and the fee rate will gradually decrease as the subject matter increases. The acceptance fee shall be paid in advance by the plaintiff when filing the case, and shall ultimately be borne by the losing party. If both parties win and lose, the fees shall be apportioned according to their respective shares of responsibility. For applying for preservation of evidence or preliminary enforcement, an additional application fee shall be paid. As for the expenses of hiring a lawyer, there is no unified government guidance price. Three common methods of charging include charging by the number of cases, charging according to the proportion of the disputed amount, and charging by the hour. These methods shall be specified in the power of attorney contract, and the court will not usually order the other party to bear the expenses for you.

Q4: How many days does it usually take to adjudicate the application for provisional execution to restore water and electricity?

It is much faster than going through the entire first-instance trial, but it is subject to the condition that all materials are available. The Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2024) stipulates that the provisional enforcement is applicable to cases where the rights and obligations are clear, and not enforcing it first will seriously affect the life or business of the applicant, and the respondent has the ability to perform the obligation; the ruling shall be enforced immediately after it is made, and the party dissatisfied with it may apply for a review once. During the review period, the enforcement shall not be suspended. If the lease agreement, the rent payment records, the application for suspension of work, and the police response receipt are all submitted at one time, the review will be significantly faster than in cases where the evidence needs to be supplemented repeatedly; if the other party raises a defense of arrears in rent and attaches supporting evidence, the court may convert the case to an oral hearing to review the urgency, and the time will be correspondingly extended. In comparison, the ordinary procedure first-instance trial is usually concluded within six months, and the summary procedure is within three months.

Q5: On the day of water disruption, what should I first verify with the water and electricity supply company?

First, find out the main reason for the disconnection and the responsible party. Don't rush to argue with the landlord. On the same day, you should call or visit the water and electricity service centers to check whether it's due to unpaid bills, line maintenance, the landlord reporting a disconnection with a property ownership certificate, or the household lines being cut by others. Obtain a written conclusion or a work order number; this document will determine whether to request the utility company to restore the service or hold the landlord responsible. At the same time, do three things: take photos of the water and electricity meter readings and the current condition of the house and keep the original documents; report the case to the police and obtain a receipt; and send a written notice to the landlord stating the basis of the lease and the deadline for restoring the service. Never connect wires, break locks, or remove meters yourself, as this not only poses personal and fire safety risks but may also lead to being accused of damaging property. When the disconnection continues, collect property statements, neighbor testimonies, and temporary accommodation invoices on a daily basis.

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.