[Direct answer]In the Beijing area, the lessor may first notify the lessee in writing to pay the rent within a reasonable period of time; if the lessee still fails to pay within a reasonable period of time, the lessor has the right to terminate the contract and require the lessee to pay the arrears in rent, the breach of contract penalty, and the occupancy and use fees for the period of overdue eviction. If the lessee cannot be contacted, it will not affect the termination of the contract and the lawsuit. The court may serve the judgment by public announcement and make a default judgment. After the judgment takes effect, the lessor may apply for forced eviction. For the items left in the house, the lessor shall inventory and record them, fix the evidence, and keep them properly. It is not advisable to sell or discard them on its own, so as to avoid bearing infringement liability.

I. Problem Background and Typical Scenarios

After tenants default on rent for two or three months, they turn off their phones, block their WeChat accounts, lock their doors, and disappear without a trace. This is the most headache-inducing scenario for landlords. If they can't reclaim the property, they continue to lose rent, while property management fees and utility bills keep piling up, and the furniture and appliances left behind by the tenants remain in the house. Some landlords, in frustration, change the locks and empty the property, only to be sued by the tenants for property damage in return; others simply wait and do nothing, failing to leave evidence of the reminder or sue in time. By the time they want to terminate the contract, they realize the evidence chain has been broken. The key to dealing with such problems is to proceed with the three steps of terminating the contract, reclaiming the property, and recovering the rent in accordance with legal procedures.

II. Key points of contention

First, how to exercise the right of rescission. If the contract stipulates the conditions for rescission, the lessor may rescind the contract upon the fulfillment of such conditions; if no such conditions are stipulated, according to the statutory rules of rescission, if the lessee fails to pay or delays in paying the rent without a justifiable reason, and the lessor urges the lessee to pay but the lessee still fails to pay within a reasonable period, the lessor may rescind the contract. The contract is rescinded when the notice of rescission reaches the other party; if the lessee's whereabouts are unknown and cannot be served, the lessor may claim rescission by suing and serve the notice by delivering a copy of the lawsuit to the lessee. Second, how to claim unpaid rent. In addition to the principal of the unpaid rent, the lessor may also claim the breach of contract damages and the occupancy and use fees of the house from the date of rescission to the actual vacating date, which are usually calculated based on the original rent. Third, whether the deposit can be offset. The deposit may be offset against the unpaid rent and breach of contract damages according to the contract, but its use is subject to the contract's stipulations and cannot be arbitrarily deducted. Fourth, how to handle the left-behind items. The lessor does not have the right to dispose of the left-behind items at will, and any unauthorized disposal may be deemed as infringement. Fifth, the issue of statute of limitations. The ordinary statute of limitations for rent claims is three years, and there is a risk of statute of limitations if long-term reminders fail to lead to litigation.

III. Professional analysis by Henglue Lawyers

From the experience of handling cases, the proportion of landlords losing cases due to details is much higher than that due to substantive rights. When dealing with such disputes in Beijing, the safe procedure is as follows: first, send a reminder letter, and fix the delivery trace by express delivery and on-site posting, taking photos and videos at the same time; then send a notice of termination, specifying the time of contract termination and the amount of arrears; subsequently, sue the court in the area where the house is located, and apply for property preservation at the same time to freeze the tenant's bank account or other property to pave the way for subsequent enforcement. In terms of evidence, the most commonly checked materials by the court include the lease contract, rental payment records, reminder and termination notices and delivery certificates, house handover lists, and water and electricity utility bills. If the tenant is uncontactable, the litigation can still proceed normally. The court will serve the notice by public announcement and make a default judgment according to regulations. After the judgment takes effect, the landlord can apply for enforcement, and the court will organize the eviction. The house handover list is particularly important, as it determines who bears the burden of proof for the wear and tear of items and facilities in the house at the time of check-out. It is recommended that the landlord make written confirmations and attach photos at both the delivery and receipt stages. For cases involving house eviction and recovery of funds, reference can be made to the relevant provisions of the Contract Law and the Judicial Interpretation of the Contract Law. 从办案经验看，房东败在细节上的比例远高于败在实体权利上。北京地区处理此类纠纷时，稳妥的动作顺序是：先发催告函，通过快递加现场张贴、拍照录像同步固定送达痕迹；再发解除通知，明确合同解除时间与欠付金额；随后向房屋所在地法院起诉，同时申请财产保全，冻结承租人的银行账户或者其他财产，为后续执行留出空间。证据方面，租赁合同、租金支付记录、催告与解除通知及送达凭证、房屋交接清单、水电物业费凭证，是最常被法院核对的一组材料。若承租人失联，诉讼仍可正常推进，法院按规定采用公告方式送达并可以缺席判决，判决生效后申请强制执行，由法院组织腾退。房屋交接清单尤其重要，它决定了退房时屋内物品、设施损耗的举证责任落在谁身上，建议出租人在交付与收房两个环节都做书面确认并附照片。涉及房屋腾退与款项回收的，可参考《合同法》及《合同法司法解释》的相关规定。Real estate leasing and construction projects、Creditor's rights and debts, and enforcementMy experience in handling this matter.Beijing Henglue Law FirmIt is recommended to prepare litigation materials simultaneously during the reminder stage to shorten the overall cycle.

IV. Practical suggestions and legal basis

According to Article 722 of the Civil Code of the People's Republic of China (effective January 1, 2021), if the lessee fails to pay or delays in paying the rent without a valid reason, the lessor may request the lessee to pay within a reasonable period; if the lessee fails to pay within a reasonable period, the lessor may rescind the contract. Article 565 stipulates that if a party lawfully claims to rescind the contract, it shall notify the other party, and the contract shall be rescinded upon the notification reaching the other party. Article 577 stipulates that the party in breach shall bear contractual liabilities such as continuing to perform the contract, taking remedial measures, or compensating for losses. Article 570 stipulates that if the creditor's whereabouts are unknown, the debtor may deposit the subject matter, which can be used for the storage and delivery of the remaining items. Article 188 stipulates that the statute of limitations for seeking protection of civil rights in the People's Court is three years. The Civil Procedure Law of the People's Republic of China (amended on December 24, 2021, effective January 1, 2022) stipulates the provisions on service and default judgment. Suggestions: First, immediately send a written notice of urgency and keep the evidence of service; Second, simultaneously fix the current state of the house and the proof of expenses; Third, sue and apply for preservation as soon as possible; Fourth, inventory and seal the remaining items, notarize or witness the sealing, and, if necessary, deposit or store them elsewhere, and not dispose of them on one's own. If the eviction and recovery of funds involve enforcement procedures, it can be combined with the above suggestions to ensure the protection of the legitimate rights and interests of the parties concerned.EnforcementLearning by doing.

5. Henglue Law Firm's Advice

The three actions most likely to cause problems are cutting off water and electricity, changing locks and clearing the house, and selling items on their own. Cutting off water and electricity may be regarded as hindering the lessee's use and triggering liability for compensation. Changing locks and clearing the house may easily be accused of infringing property rights, while selling items may constitute infringement and even involve more serious legal consequences. The correct approach is to inventory, videotape, and catalog the items, store them properly, and notify the other party in writing to retrieve them in a timely manner. Secondly, it should be noted that the termination of the contract does not mean that the other party will move out the next day. It often takes several months from litigation to actual eviction, and the occupation and use fees should be calculated by the day and explicitly included in the lawsuit. Thirdly, fees other than the unpaid rent, such as property management fees, water, electricity, and gas fees, and house repair fees, should also be claimed in the lawsuit and accompanied by supporting documents. Finally, if the lessor personally entrusts intermediaries or collection agencies to exert pressure on the lessee, they may cross legal red lines and instead create trouble for their own case.Specialised legal servicesIt can help sort out the evidence and processes, and avoid repetitive procedures.

VI. Frequently Asked Questions

Q1: If the tenant goes missing, can I win the lawsuit?

Under the circumstances that the lease relationship, the fact of arrears in rent, and the evidence of urging to terminate the lease are clear, the lessor's claims are usually supported. The lessee's failure to appear in court does not constitute an obstacle, and the court can make a judgment in absentia. What really affects the outcome is whether the evidence is complete, especially the delivery traces of the urging and termination notices, and the handover list of the house.

Q2: What evidence do I need to prepare?

The lease contract and supplementary agreement, the deposit receipt, the payment records of rent and utilities, the reminder letters and termination notices along with the delivery certificates, photos or videos of the current state of the house, the handover list, and the lessee's identity and contact information. Keep the originals and make sure to back up the electronic records to avoid losing them after changing phones.

Q3: What are the approximate fees for attorney fees and litigation costs?

The litigation fees are calculated according to the amount of the dispute. For cases with a small amount of unpaid rent, the fees are relatively low and are usually borne by the losing party. The attorney's fees are charged according to the proportion of the subject matter or negotiated in stages. If the case involves eviction enforcement, the actual expenses during the enforcement phase also need to be considered.

Q4: How long does it take from filing a lawsuit to repossessing the house?

The first-instance ordinary procedure generally takes six months, and the cases applying the summary procedure take even less time; cases involving missing parties may involve service by public notice, which will further extend the timeframe. After the judgment takes effect, applying for forced eviction usually takes several months to a year, so it's better to do it as soon as possible rather than putting it off.

Q5: What should I do first?

First, send a written reminder and keep the evidence of delivery, while documenting the current condition of the house and the cost receipts. If there is still no response after the expiration of the reminder period, issue a notice of termination and sue or apply for preservation as soon as possible. After inventorying and cataloging the items in the house, keep them properly and do not dispose of them on your own.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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, so as to avoid missing the statutory time limit.Specialised services - Legal services·Beijing Henglue 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.