[Direct answer]When a tenant defaults on rent and goes missing, the landlord's legal process consists of four steps: "notice—rescission—litigation—enforcement". According to Article 722 of the Civil Code (effective January 1, 2021), if the lessee fails to pay or delays in paying the rent without a valid reason, the lessor may require them to pay within a reasonable period of time. If the lessee fails to pay after the deadline, the lessor has the right to rescind the contract. First, send a written notice and keep the proof of delivery, then sue to request the rescission of the contract, the eviction of the house, and the payment of the arrears and occupancy fees. After winning the lawsuit, the lessor can apply for forced enforcement within two years. It is strictly prohibited to cut off water and electricity, change locks, or clear out belongings, otherwise, the lessor may be sued for compensation instead. For more details, please refer to the following link:Legal services for real estate transactions and construction projectsAndBeijing Henglue Law Firm.

I. Problem background and typical scenarios

Rental disputes typically flare up under circumstances such as the tenant not renewing the lease at the end of the term, the tenant's business failing, or conflicts among roommates escalating. Typical scenarios include: tenants defaulting on months of rent, then refusing to answer calls, blocking the landlord on WeChat, and leaving the house empty with furniture and luggage still inside; tenants subletting or even overcrowding the property without disclosing the actual occupants; tenants refusing to leave after the lease expires and demanding a full refund of the security deposit; and landlords changing locks, removing belongings, or cutting off utilities in frustration, only to be sued by tenants for infringement. Many landlords mistakenly believe that "since the house is mine, I can just evict the tenants." However, improper eviction methods can turn justified actions into liable ones. The correct procedure is to first complete the legal process and then proceed with the eviction.

II. Key points of contention

  • The right of termination and the notice procedure: Whether the contract stipulates a termination clause, whether the notice period is reasonable, and whether the notice can be effectively delivered to the missing tenant directly affect the timing of the contract's termination and the starting point for calculating the arrears in rent and the occupancy and usage fees.
  • The boundaries of self-help remedies: changing locks, removing items, cutting off water and electricity, and forcibly evicting tenants may be deemed as infringements of tenants' right to use the house and ownership of the property inside. It's not uncommon for tenants to file counterclaims for compensation after returning to the house.
  • The collection of unpaid rent and occupation fees: The unpaid rent, the penalty, and the occupation and use fees should be claimed and explained in detail for each item. If the tenant has no property after the judgment, the execution path needs to be evaluated, which can be combined with other measures.Creditor-debtor relations and enforcement case servicesDesign a repayment plan for the loan.

III. Professional analysis by Henglue Lawyers

Practical Observations of Henglue Lawyers in Handling House Lease Eviction Disputes: First, the success or failure of the case hinges on the evidence chain. Key documents include the lease contract, rental payment records, chat logs of rent reminders, eviction notices and delivery receipts, as well as photos and videos of the property's current condition. If the tenant cannot be reached, sending written eviction notices to the contractually designated address and retaining the delivery receipt and sign-in records is a highly recognized method of service by the court. Second, judges generally disapprove of "self-initiated evictions." Cutting off water and electricity, changing locks, or disposing of belongings may be deemed infringements. The correct approach is to initiate litigation and let the court organize the eviction process. If necessary, apply for pre-execution or post-judgment enforcement. Third, mediation is often a quick path to eviction. In litigation, reaching a settlement with the court that stipulates "eviction within a specified period with double fees charged for overdue payments" can save time compared to waiting for a judgment. Fourth, pay attention to verifying the sub-lessee and actual occupant. If there is subletting or group leasing, the actual occupant should be listed as a co-defendant to avoid winning the lawsuit but lacking enforcement against the occupier.

IV. Practical suggestions and legal basis

Legal basis: Article 722 of the Civil Code (effective from January 1, 2021) grants the lessor the right to terminate the lease after giving notice; Articles 566 and 577 stipulate the consequences of termination and the liability for breach of contract; Article 733 provides that upon the expiration of the lease term, the lessee shall return the leased property. If the lessee fails to return the property within the time limit, he/she shall pay the occupancy and use fee and compensate for the losses. In terms of procedure, such cases are generally concluded within three months under the summary procedure and within six months under the ordinary procedure. If the other party's whereabouts are unknown, the court may serve the documents through public announcement. If the other party refuses to vacate the premises after the judgment takes effect, the lessor may apply for enforcement within two years. Practical suggestions: Send the notice of termination by EMS to the address specified in the contract and indicate the document name on the mailing form; When suing, claim the arrears in rent, the breach of contract penalty, and the occupancy and use fee at the same time; If the lessee leaves any items behind, apply for notarized inventory or have the court dispose of them during the enforcement process, and do not discard them on your own; For large-scale leases such as shops and offices, you can consult with the court at the same time.Business and contract dispute services for enterprisesTeam.

5. Henglu Law Firm's Reminder

The core of legal eviction is "procedure precedes means": first, fix the evidence of arrears and reminders, then proceed with termination, litigation, and enforcement, leaving a record throughout the process; any self-help remedies that skip the procedure may make the landlord from a creditor to a defendant. If the tenant is uncontactable, the court can serve the documents by public announcement and make a default judgment; the deposit can be used to offset the arrears and losses according to the contract, but a settlement and evidence must be provided. If you are currently troubled by the problem of eviction due to arrears, it is recommended to seek legal help as soon as possible.Legal services for real estate transactions and construction projectsMake an appointment for an assessment and design a repayment plan before initiating legal action, rather than after a confrontation.

Q1: If a tenant defaults on the rent and absconds, can I just change the locks and remove all their belongings?

It is not recommended. Although the tenant owes rent, they still have ownership of the items in the house. Unauthorized changing of locks, removal of items, and disconnection of water and electricity may be considered infringements of property rights and the right to use the house. It's not uncommon for tenants to file counterclaims for compensation after returning. A safer approach is to follow Article 722 of the Civil Code: send a written notice with evidence, terminate the contract after the reasonable period expires, then sue for eviction and recover the unpaid rent; apply for a notarized inventory of the items in the house or have them disposed of by the court. The time saved by self-help efforts will often be repaid in full through counterclaims and compensation.

Q2: What evidence do I need to prepare to sue a tenant who has gone missing?

It is recommended to prepare six types of evidence: 1. A lease contract and supplementary clauses to prove the lease relationship and rental agreement. 2. Rental payment records to demonstrate the amount owed and the start and end dates. 3. Demand letters, EMS delivery slips, and sign-for-receipt records to prove that the tenant has been given notice of default. 4. WeChat and SMS messages reminding the tenant to pay rent, supporting the fact of rent arrears. 5. Photos and videos of the current condition of the property, as well as utility meter readings, to verify the tenant's occupancy status. 6. The tenant's identity information, which will facilitate service by the court. In cases with complete evidence, even if the court announces the judgment and the tenant fails to appear, the court can still successfully obtain the eviction and payment results.

Q3: How much does it cost to recover unpaid rent and evict tenants?

The case acceptance fee shall be paid in accordance with Article 13 of the "Measures for the Payment of Litigation Costs" (effective as of April 1, 2007) and shall be cumulatively paid in stages based on the amount of the dispute: for amounts not exceeding 10,000 yuan, the fee is 50 yuan per case; for amounts exceeding 10,000 yuan but not exceeding 100,000 yuan, the fee shall be paid at a rate of 2.5%, for example, if the claimant asserts a claim for unpaid rent and occupation fees of 100,000 yuan, the acceptance fee will be approximately 2,300 yuan; for applications for enforcement, no enforcement fees shall be paid in advance, and the enforcement costs shall be borne by the party subject to enforcement. The attorney's fees shall be negotiated and specified in the power of attorney contract based on the subject matter and the workload. The key is to design the claim so that the unpaid rent, liquidated damages, and occupation and use fees can be asserted all at once, thereby reducing the cost of repetitive litigation.

Q4: How long will it take to litigate the eviction case, and how long will it take to reclaim the house?

The first-instance trial using the summary procedure is generally concluded within three months, and the ordinary procedure is generally concluded within six months; if the tenant is uncontactable and needs to be served by public announcement, the announcement period plus the defense and evidence-gathering period is usually calculated separately for about two months. If the other party does not appeal, the judgment will take effect immediately after it becomes effective, and the court will generally complete the eviction within a few weeks to a few months after the enforcement is registered; if the other party appeals, the second-instance trial period will be extended by about three months. Overall, for cases with complete evidence and clear claims, most can achieve the clearance of the scene within half a year to a year, and the delay mainly occurs in insufficient evidence and incorrect listing of the parties involved.

Q5: How should we deal with the items left by tenants and the security deposit?

The deposit may be used to offset the arrears in rent, the breach of contract penalty, and the damage to the property according to the contract, but the calculation method should be specified item by item and the supporting documents should be retained. The remaining portion shall be refunded, and any unrealistic offsets may lead to a counterclaim. If the tenant retains the items, the landlord has no right to dispose of them without authorization: the landlord may apply for a notarized inventory and seal them up, or have the court organize the disposal and deposit them during the litigation and enforcement procedures; the landlord shall bear the liability for compensation if he/she sells or discards the items without authorization, causing losses. It is recommended to request the handling method of the items in the house when suing, so as to avoid disputes after the eviction and prolong the overall resolution period.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limits. →Legal services for real estate transactions·Beijing Henglu Law Firm