[Direct answer]It's illegal: During the lease period, the lessee occupies and uses the house, and the landlord enters the house with a spare key without the lessee's consent, which infringes the lessee's right to peaceful possession and privacy. At the mildest, it constitutes a breach of contract and infringement of rights simultaneously; at the most serious level, it may lead to public security issues and even criminal charges. Ownership does not automatically grant the right to enter at any time. Inspections and repairs must be agreed upon and approved in advance. Contractual clauses stipulating that the landlord can enter the house at any time for inspections generally cannot preclude the lessee's right to peaceful living. According to the Civil Code of the People's Republic of China (effective January 1, 2021), the lessee may claim to remove obstacles and stop infringements. For property or mental damage, the lessee may claim compensation based on evidence. However, the lessee should exercise restraint in taking self-help measures such as changing locks or cutting off water and electricity.

I. Problem background and typical scenarios

The way of discovery is often very unpleasant. Tenants often come home after work to find that items in the house have been tampered with, curtains have been moved, or there are unfamiliar footprints on the shoe rack. Some even find that the landlord brought someone into the house while playing back the footage from the indoor camera they installed themselves. Others only remember that they never received a notice when they heard their roommates mention that the landlord had visited that morning in the shared group chat. Most lease contracts only state that the landlord has the right to regularly inspect the house, but they don't mention the frequency of inspections, how much notice should be given, or whether the landlord can use spare keys to enter the house alone. Many landlords even keep the keys left during the renovation, believing that "it's my right to check on the house whenever I want". There are several common scenarios: First, agents frequently show the house to potential buyers or tenants before putting it up for sale or renewing the lease, using the keys without the tenant's consent. Second, after reporting a repair request, the landlord repeatedly enters the house under the pretext of "checking it out for you", and the scope and duration of the repair work get out of control. Third, during the pre-inspection before the tenant moves out, the landlord counts and photographs the items while the tenant is away. Fourth, in shared or subletting situations, the intruders are not the contractual parties, and the tenants don't even know who to claim against. Fifth, during disputes, the landlord forces the tenant to move out by changing the locks, cutting off water and electricity, or removing items, escalating the intrusion into a violation of usage rights. The pain point of such disputes often lies not in whether the landlord entered the house (which can often be proven by video footage), but in the consequences of the intrusion: missing valuables, privacy violations, insomnia and anxiety, and being forced to move out. Most of these cases lack quantifiable evidence, and tenants only realize the lack of proof when they try to claim compensation, which is often limited to screenshots at that point.

II. Key points of dispute

The first layer is the boundary of possession and use rights. After delivery, the specific possession of the house belongs to the lessee, and the owner retains the right to dispose of and benefit from the property subject to contractual and legal restrictions, without being able to enter the premises at any time. To determine whether an act is illegal, we need to examine whether there is consent, whether there are agreed upon circumstances, and whether the timing and manner of entry are reasonable. The second layer is the determination of consent. For example, if the landlord agreed via WeChat that they could visit the property the next afternoon after the lessee brought an agent to view it that morning, does this implied consent amount to a long-term authorization? Should the repair notice clearly specify the personnel and scope of the work? All these details must be verified individually. The third layer concerns the legal classification of acts and concurrent claims. The same act may simultaneously constitute a breach of contract, infringement of privacy and tranquility, and a violation of public security laws. Procedurally, these claims can be pursued concurrently, but the legal basis for claims and the burden of proof differ significantly. The fourth layer focuses on evidence and probative value. Access records from security systems and elevators, original video footage from indoor cameras, smart lock entry logs, alarm receipts, witness statements, and item inventories can each verify the fact of entry, the identity of the perpetrator, and the frequency of visits. However, screenshots that have been compressed and forwarded may raise doubts about their authenticity and completeness. The fifth layer examines causality and damages. For property losses, proof of purchase and inventory records are required; for mental damages, the level of harm must meet legal standards; and simple emotional distress is difficult to quantify. The sixth layer addresses remedial limits: whether the lessee's replacement of locks constitutes a breach of contract, whether they can claim rent reductions or contract termination, and how to apportion liability for property damage claimed by the landlord—all of which must be evaluated comprehensively.

III. Professional analysis by Hengluo Law Firm

When handling consultations regarding unauthorized entry, Henglu Lawyers first conduct a qualitative analysis, secure evidence, assess damages, and select appropriate remedies, rather than focusing on compensation amounts upfront. In the qualitative analysis phase, each entry is categorized into four columns: time, personnel, reason, and whether a notice was provided. This helps determine whether it's an occasional maintenance check, recurring showings, or a forced eviction during a dispute period. The nature of the situation dictates vastly different legal strategies. During the evidence-gathering phase, priority is given to original records: smart locks and access logs must be exported with time stamps, indoor surveillance footage should not be limited to chat transcripts, and alarm records and witness statements must be promptly retrieved. A property inventory should be compiled twice—once before and once after the entry. In the damage assessment phase, property losses and psychological distress are separated. The former relies on receipts and inventory discrepancies, while the latter considers duration, frequency, and whether it causes verifiable medical issues or sleep disorders. If these thresholds aren't met, focusing on ceasing infringements and removing obstacles becomes more practical. In the remedy selection phase, three key considerations apply: 1. Send a written notice demanding cessation of unauthorized entry and return or storage of spare keys, which often resolves issues faster than litigation. 2. For litigation cases, assert claims for removal of obstacles and cessation of infringements under the *Civil Code of the People's Republic of China* (effective January 1, 2021), while ensuring compliance with the *Civil Procedure Law of the People's Republic of China* (amended December 24, 2021, effective January 1, 2024) regarding evidence preservation and evidentiary deadlines. 3. For recurrent entries, refusal to rectify, or combined with utility disconnections or lock changes, simultaneously evaluate public security reporting and lease termination/rent reduction claims. Beijing courts strictly interpret possession status and contractual terms. The validity of claims often hinges on whether unauthorized entry and resulting disturbances were continuously documented, rather than verbal disputes over who is more justified.

IV. Practical suggestions and legal basis

According to the hierarchical classification of rights of claim: The Civil Code of the People's Republic of China (implemented on January 1, 2021) governs private spaces, interests in peace, and possession and use under leases in its chapters on personality rights and contracts, respectively. The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the General Provisions of the Contract Chapter of the Civil Code (implemented on December 5, 2023) clarifies the legal boundaries of such clauses as "inspection at any time". The Company Law of the People's Republic of China (amended on December 29, 2023 and implemented on July 1, 2024) applies to cases where the lessor is a company and requires verification of the authorization of the showing personnel. The Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2024) governs evidence preservation, the time limit for providing evidence, and protective measures against actions. The Methods for Payment of Litigation Costs (implemented on April 1, 2007) deal with acceptance fees and application fees. In practice, the following measures should be taken: 1. When signing the contract, include clauses on the advance notice period for room inspections, the scope of personnel allowed to conduct inspections, the sealing of spare keys, and breach of contract liabilities. 2. When delivering the property, replace or seal the lock cylinder and keep the handover records to avoid post-incident accountability. 3. Daily back up access control logs, smart lock opening records, and indoor video footage on a weekly basis to avoid data loss due to overwriting cycles. 4. If unauthorized entry is detected, first demand a cease-and-desist letter and explain the consequences, while simultaneously reporting the incident to the police to obtain a police report, extract the original records, and inventory the items involved. 5. If no agreement can be reached, seek remedies such as removal of obstacles, rent reduction, or termination of the lease agreement and claim compensation. For cases requiring an overall assessment of remedies based on the occupancy status and contract terms, reference can be made to relevant legal provisions.Business and contract disputes in enterprisesThe key points of remedies for possession and nuisance under the relevant provisions.

5. Hengluo Law Firm's Reminder

The house is mine, and I can enter it at any time, but that's not the same thing. After the handover, what's protected is the lessee's peaceful possession of the property. Do two things in advance: change the locks or seal the spare keys immediately after moving in and include this in the handover document; schedule inspections and viewings in advance and obtain written consent, avoiding leaving ambiguous room for entering the property at any time. If you happen to encounter the landlord in the house, prioritize safety and evidence collection first. Don't argue on the spot or seize the landlord's belongings. Instead, call the police to obtain a report, retrieve the original records of the access control system and surveillance cameras, and list the inventory differences before and after the inspection. Mental distress alone cannot be substantiated by simply saying "I'm very anxious". It requires consistent frequency, medical records, and evidence of the impact. Taking countermeasures such as changing the locks, cutting off water and electricity, or withholding keys may feel satisfying, but it could easily lead to counter-claims of breach of contract or interference with use. It's better to exercise caution. Keep a dated record of every entry, which will serve as evidence for negotiation, reporting to the police, and litigation.

VI. Frequently Asked Questions

Q1: If the landlord enters the tenant's home without authorization using a spare key, can the tenant claim for removal of the nuisance?

Yes, requesting the removal of obstacles is the most appropriate solution in such cases. According to the Civil Code of the People's Republic of China (effective January 1, 2021), after the delivery of the leased house, the lessee shall possess and use it. If the owner enters the house without the lessee's consent, it constitutes an infringement of the lessee's right to peaceful possession and privacy. The lessee may request the cessation of the infringement, the removal of obstacles, and the return or sealing of the spare keys. If the owner repeatedly enters the house and fails to correct the situation despite written warnings, the lessee may also claim a reduction or exemption of the rent for the corresponding period or the termination of the lease. Whether the claim will be supported depends on three factors: whether the contract stipulates that the lessor has the right to conduct inspections at any time; whether the lessor notifies and obtains the lessee's consent before each entry; and whether the access control system or video evidence can prove the unauthorized entry.

Q2: To prove that the landlord entered the room without permission, should I request the access control records or the original videos from the indoor cameras?

Both types of evidence need to be collected, but the priority should be to secure the original carriers first and then discuss screenshots. Use the smart lock's door opening logs, unit access control and elevator control records, and property visitor registration to prove the entry time, frequency, and personnel involved. For indoor cameras, export the original video files with device time information, rather than using compressed clips forwarded in chat groups. Additionally, gather three more pieces of evidence: the alarm receipts and interrogation transcripts to establish the sequence of events, the lease contracts and handover documents to prove the possession status and ownership of the keys after delivery, and the two inventory lists to verify whether there are any missing items. Organize all evidence into a folder according to the evidentiary timeframes specified in the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2024), and, if necessary, apply for pre-litigation evidence preservation to prevent the overwriting of logs and video recordings.

Q3: What fees need to be paid in advance for suing to remove obstacles and claim compensation for mental damage?

The fees shall be prepaid in three installments, and the items shall not be mixed. The case acceptance fee shall be calculated in accordance with the "Measures for the Payment of Litigation Fees" (implemented on April 1, 2007) based on the amount of the request. If the request is only to stop infringement, remove obstacles, and return the keys without involving large-scale compensation, the burden will be relatively limited; if the claimant simultaneously claims for mental damage and property loss, the amount of the request will increase, and the acceptance fee will rise accordingly. The plaintiff shall pay the fee at the time of filing the case, and the losing party shall bear the fee or share it according to the proportion of responsibility. For preservation of evidence or preservation of property, the application fee shall be paid in accordance with the standard. If there is a dispute over the value of the property, the appraisal fee shall be prepaid in accordance with the standards of the institution. Lawyer's fees are not subject to government standard pricing, and they shall be charged on a per-case basis, as a percentage of the amount of the claim, or according to the time-based agreement, subject to the contract of entrustment.

Q4: After a lawsuit over a lock replacement dispute is filed, how long does it typically take for the case to be adjudicated under the simplified procedure?

The simple procedure is usually concluded within three months, but what really needs to be focused on first is preservation of evidence and proof. 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 simple procedure is generally concluded within three months; the ordinary procedure is generally concluded within six months, and the second instance is generally concluded within three months. The corresponding delays are required for public announcement service, adding parties or appraisal. If it is urgent to stop continuous entry, you can apply for behavioral preservation at the same time as suing, without waiting for the judgment to take effect. The court will specify the time limit for providing evidence. Access control logs, alarm receipts, and original videos must be submitted all at once within the time limit; if the logs and videos have an overwriting cycle, preservation should be done before the case is registered.

Q5: If you happen to catch your landlord inside the house, should you call the police immediately, keep the police report, or change the lock cylinder first?

First, ensure safety and evidence collection, and leave lock replacement for later. Do not argue with the other party on the spot or confiscate their belongings. Report the incident to the police immediately to obtain a report receipt and an interrogation transcript, and fix the identities of those present, the time and the condition of the room. Simultaneously, download the original records of the access control system, smart locks, and indoor cameras. List the differences in property inventory before and after the incident and take photos. Next, demand in writing that the landlord stop unauthorized entry, clarify the whereabouts of the spare keys, and agree on the notification method for subsequent inspections. Deliver the notice by a verifiable method and keep the receipt. It is acceptable to replace the locks or seal the lock cylinder, but first verify whether the lease prohibits modifications and retain the handover records before and after the lock replacement to avoid being counter-sued for breach of contract. Then, evaluate and claim for removal of obstacles and rent reduction in accordance with the Civil Code of the People's Republic of China (effective January 1, 2021).

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 situation.

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. →Business and commercial legal services·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. If you encounter disputes, please consult a practicing lawyer in time.