[Direct answer]Generally, the claim should be made against the lessee, that is, the sub-landlord, rather than directly against the sub-lessee. In the sub-leasing relationship, there are two independent contracts: the original lease contract between the lessor and the lessee, and the sub-lease contract between the lessee and the sub-lessee. The debtor in arrears is the party with whom the sub-lessee signed the contract. Exceptions should be considered separately: if the lessor agrees to the sub-leasing in writing and forms a direct agreement with the sub-lessee, if the lessee fails to exercise its rights and affects the lessor's recovery, or if the original lease contract has been terminated but the sub-lessee still actually occupies the house, it may be possible to claim eviction or occupancy fees from the sub-lessee. Choosing the wrong target may result in the lawsuit being dismissed, or winning the judgment but failing to enforce it.

1. Problem background and typical scenarios

The subletting model is not uncommon in shops, office buildings, and entire residential units: the landlord leases the property to the tenant, who then sublets all or part of the space to subtenants, profiting from the rental gap in the process. This creates a chain involving three parties, two contracts, and two payment channels. When things are running smoothly, there's no issue. However, once the subtenant defaults on rent or the sublandlord who collected the money fails to pay the landlord or even goes missing, the landlord will suddenly face an unfamiliar occupant: the subtenant living and using the property, while the landlord is owed rent by the sublandlord. A more complex scenario occurs when the subtenant has already paid the sublandlord but is still being evicted, with both parties holding payment receipts. Common evidence gaps include unclear written consent from the landlord for the sublease, unverified prohibitions against subleasing in the original lease contract, only WeChat transfer screenshots showing rent payments, and no records of the subtenant's actual occupancy period. Disputes often erupt over utility disconnections, lock changes, and eviction notices. In Beijing, the subleasing of shops and office spaces is particularly common, with multiple layers of subleasing arrangements overlapping in the same property. Clarifying who signed the contract, who received the money, and who actually occupied the property is more effective than immediately demanding compensation from a specific party, as the legal basis for the claim depends on the actual rights holder, not the current occupant.

II. Key points of contention

One of the disputes is the relativity of the contract. The original lease contract binds the lessor and the lessee, and the sublease contract binds the lessee and the sublessee. Both contracts generate creditor-debtor relationships. If the sublessee defaults on the rent, the breach of contract is against the second lessor, and the lessor generally cannot directly claim the agreed rent from the sublessee bypassing the contract. The second dispute is whether the sublease requires the lessor's consent. For a sublease without consent, the lessor can terminate the original lease contract according to the contract or the law, but the termination itself does not automatically give rise to a claim for rent against the sublessee. What it changes is the legality of the occupation. The third dispute is whether the sublessee's payment to the second lessor can be used against the lessor. Generally, it cannot be used directly against the lessor. The payment's destination and whether it was made in good faith will affect the subsequent eviction and the calculation of the occupation fee, but it will not transfer the second lessor's debt for unpaid rent to the original lessor. The fourth dispute is how to choose the basis for the claim: against the second lessor, the lessor can claim unpaid rent, liquidated damages, and the termination of the original contract; against the sublessee, the lessor can claim the return of the property, eviction, payment of the occupation fee during the occupation period, or removal of obstacles. The nominal basis is usually not rent. In addition, there are procedural issues: whether the second lessor and the sublessee can be included in the same case, whether to add a third party, the jurisdiction of the court where the property is located, and how to handle it when the original contract contains an arbitration clause. If the subject matter and the case are mismatched, even if the claim is substantively justified, the lawsuit may still be dismissed.

III. Professional analysis by Hengluo Law Firm

When handling such tripartite disputes, we typically start by drawing a relationship diagram to separate the three issues: who signed the contract with whom, who received the money from whom, and who actually occupied the house. The first issue relies on the contract text. We need to review the original lease contract to determine whether subletting is prohibited, whether written consent is required for subletting, and the conditions under which the lease can be terminated due to arrears. For the sublease contract, we need to verify whether the lease term exceeds the original lease term and how the rent and deposit are stipulated. The second issue relies on financial records, including payment receipts from the sublessee to the sublandlord and reconciliation statements from the sublandlord to the lessor. By comparing the two sets of records, we can clarify where the arrears occurred. The third issue relies on occupancy evidence, including handover documents, access control and utility records, on-site footage, and property registration, which can help reconstruct when the sublessee actually began using the property. After clarifying these three issues, we determine the parties to be sued: the sublessee can claim rent and breach of contract damages from the sublandlord, and the lessor can claim eviction and occupation fees from the sublessee. These claims can be listed separately in the same lawsuit or pursued separately based on jurisdiction and case type. There are exceptions requiring separate verification: if the lessor directly stipulates payment obligations with the sublessee in a consent letter or supplementary agreement, this constitutes debt assumption or a new agreement; if the sublandlord fails to assert rights against the sublessee, affecting the lessor's ability to recover compensation, this involves subrogation; and if the sublessee continues to occupy the property after the original lease is terminated, the nature of the occupation shifts to unauthorized possession, allowing the lessor to claim restitution based on property rights. The evidence list should also follow this logic: two contracts and attachments, written responses to sublease approval or supplementary agreements, rental payment records and receipts, demand letters and delivery receipts, property handover and occupancy records, on-site footage, and utility and property payment receipts. By aligning the relationship diagram, financial records, and occupancy evidence, identifying the responsible party no longer relies on intuition but on contractual and evidentiary verification.

IV. Practical suggestions and legal basis

The action plan is divided into four steps. First, review the contract: Confirm the lease contract's provisions on subleasing, whether there is a written consent document from the lessor, and how the right to terminate the lease due to arrears is triggered. At the same time, collect the sublease contract and rental payment records between the sublessor and the sub-lessee. Second, send a written notice to the sublessor, specifying the arrears period, amount, and repayment deadline. Deliver the notice using a traceable method and retain the receipt. At the same time, document the evidence of the sub-lessee's actual occupation, but refrain from taking actions such as cutting off water and electricity or changing locks, which may trigger new disputes. Third, if the arrears remain unpaid after the expiration of the notice period and the conditions for termination according to the contract or law are met, issue a termination notice and require the sub-lessee to vacate the premises and settle the fees during the occupation period within a specified timeframe. Fourth, file a lawsuit in accordance with the dispute resolution provisions: Claim the arrears and breach of contract damages from the sublessor, and list the sub-lessee as a third party if necessary. Alternatively, file separate lawsuits for eviction and occupation fees. If the amount is large and there are signs of the sublessor transferring assets, apply for property preservation according to law. At the legal level, the provisions on lease contracts, subleasing, and contractual autonomy in the Civil Code of the People's Republic of China (effective January 1, 2021) serve as the basis for determining the parties to the claim. 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 (effective December 5, 2023) can be used to determine breach of contract liability and joint debt. The Civil Procedure Law of the People's Republic of China (amended on December 24, 2021, effective January 1, 2024) governs jurisdiction, joint litigation, and evidence presentation. The Methods for Payment of Litigation Fees (effective April 1, 2007) specify that acceptance fees are paid in stages based on the amount of the claim. Specific rules applicable to individual cases shall be subject to the currently effective laws, regulations, and judicial interpretations. For review criteria of similar lease contracts, please refer to our firm's guidelines.Business and contract disputes in enterprisesThe scope of services provided by the thematic consultation desk.

The procedures and organizational laws need to be specified separately: the "Company Law of the People's Republic of China" (amended on December 29, 2023, and implemented on July 1, 2024); the "Civil Procedure Law of the People's Republic of China", the amended version of which came into effect on January 1, 2022, and the amended version of which came into effect on January 1, 2024. When retrieving the basis for judgments, the historical changes should be checked separately.

5. Hengluo Law Firm's Reminder

There are three points worth noting. Firstly, don't just focus on collecting rent from the actual occupants of the property and neglect the real debtor, the sub-landlord, resulting in choosing the wrong litigation target and wasting the statute of limitations. Secondly, don't treat WeChat transfer screenshots as the only evidence. It's better to keep the original carriers of the chat and transfer records, and combine them with receipts, account statements, and bank transaction records for mutual verification. Thirdly, don't use methods such as cutting off water and electricity or changing locks without authorization to force evictions. Such self-handling measures are likely to lead to claims for compensation, and evictions should follow the formal procedures of giving notice, terminating the contract, and litigation. Sub-lessees should also be reminded: Verifying whether the sub-landlord has the right to sub-lease, how long the original lease period remains, and who the rent is paid to before signing the contract can greatly reduce the risk of being implicated. There are regional differences in the forms of sub-leasing consent and the calculation standards for occupancy fees across different regions, and the contract structure and payment destination of individual cases will also affect the conclusions. When encountering multiple sub-leases, sub-landlords who have gone missing, or cases involving multiple sub-lessees, it's important to evaluate the legal path early with two contracts, consent documents, transaction records, and eviction notices, and to act within the statutory time limits to protect rights and interests in a legal and safe manner, rather than relying on any verbal guarantees of results.

VI. Frequently Asked Questions

Q1: If the sub-lessee delays in paying the rent, can the lessor directly claim the unpaid rent from them?

Generally, this is not allowed. The original lease contract exists between the lessor and the lessee, and the sublease contract exists between the lessee and the sublessee. The two contracts are independent of each other. If the sublessee defaults on the rent, the breach of contract is against the second landlord, and the lessor usually cannot directly demand the agreed rent from the sublessee. Exceptions require separate evidence: if the lessor and the sublessee have a separate payment agreement or constitute debt assumption, if the lessee fails to exercise its rights and affects the lessor's recovery, or if the sublessee continues to occupy the house after the original lease contract is terminated, the lessor may claim eviction and occupation fees, but the nature of these payments is no longer rent. According to the provisions of the Contract Chapter of the Civil Code of the People's Republic of China (effective January 1, 2021) on the relativity of contracts and subleasing, if the subject of the claim is chosen incorrectly, the lawsuit may be dismissed or the judgment may be difficult to enforce.

Q2: To prove that the subletting has been approved by the lessor, which written reply or supplementary agreement should be presented?

There are at least three categories. The first category includes the lessor's signed or stamped consent to sublease, supplementary agreements, or clauses on the original lease contract that are confirmed and signed by hand; the second category is the complete provisions on subleasing and termination rights in the original lease contract, used to determine the scope and formal requirements of the consent; the third category is the sublease contract signed by the second landlord and the sublessee, filing materials, and rental payment records. Only verbal consent or subsequent WeChat statements have significantly weaker evidentiary value, and the chat records must retain their original form. 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 types of evidence and the burden of proof, the party claiming that the sublease is valid must provide evidence of the consent, and the lack of written documents often becomes the weakest link in disputes.

Q3: If the lessee and the sublessee are sued together, should the acceptance fee be calculated based on the total amount of unpaid rent or separately for each case?

According to the amount of the litigation subject, the fees are accumulated in stages and calculated based on the total amount claimed in the same case. According to the "Measures for the Payment of Litigation Fees" (implemented on April 1, 2007), the acceptance fees for property cases are paid in stages based on the amount of the litigation request. When suing, the plaintiff pays the fees in advance, and the losing party ultimately bears the fees or shares them according to the proportion of responsibility; if the case is handled by summary procedures, the acceptance fees are reduced by half according to the regulations. If in the same case, the plaintiff claims both the arrears in rent and the breach of contract penalty, as well as the eviction and occupation fees, the total amount of each claim shall be included in the subject matter; if the case is sued separately, the fees shall be calculated separately. There is no unified government pricing for attorneys' fees. According to the complexity of the case, the amount of the subject matter, and the workload, the fees are agreed upon in the entrustment contract by the way of lump sum, a percentage of the subject matter, or hourly rate. The amount that can be claimed and the advance fees shall be calculated together, and then it shall be decided whether to merge the cases or sue them separately.

Q4: After the notice of eviction is served to the sub-lessee, how many days should be allowed as the reasonable period for them to vacate the premises?

During the reasonable period, first refer to the contract provisions. If the contract does not specify, the deadline shall be determined by the content of the notice of reminder. It is advisable to allow sufficient time for necessary preparations. The key points are written, clear, and verifiable. The notice of reminder should clearly state the facts of unpaid rent or unauthorized occupation, the specific deadline for making up the payment or vacating the premises, and the consequences of default, including termination of the contract and litigation. The notice should be delivered in a traceable manner and the receipt retained. If the tenant still fails to perform after the deadline, a termination notice or lawsuit should be issued again. Reversing the order may leave the other party room for defense. 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) regarding time periods and service, and in combination with currently effective laws, regulations, and judicial rulings, the key points should be grasped; the general first-instance procedure typically lasts six months, the summary procedure three months, and the second-instance procedure generally three months. If service by public announcement or assessment of occupation fees are required, the time period will be extended accordingly.

Q5: When the rent is withheld by the sub-landlord, which set of subletting filing materials should the lessor review first?

First, review the sublease contract between the second landlord and the sublessee, along with the corresponding rental payment records. The sublease contract will show the lease term, rental rates, and payment recipients. Combined with bank statements, receipts, reconciliation statements, and original records of WeChat transfers, it can be determined whether the sublessee has made payments, whether the second landlord has withheld the payments, and whether the sublessee acted in good faith. This set of materials will also directly affect whether it is possible to claim eviction and occupation fees in the future, and whether the payments made can be used against the second landlord. At the same time, do not forget to send a written notice of reminder to the second landlord and retain the delivery receipt. According to the provisions of the Civil Code of the People's Republic of China (effective January 1, 2021) on lease contracts and contractual privity, the clearer the financial flow is, the more evidence there will be for the requesting party and the amount involved.

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 currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit.Corporate 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. In case of disputes, please consult a practicing lawyer in time.