[Direct answer]In the Beijing area, the legal process for eviction follows four steps: 1. Written notice and termination — Send a written termination notice in accordance with the contract (common scenarios include the lessor terminating the contract after a certain period of unpaid rent). The notice must be delivered via EMS or other traceable methods, and the contract will be terminated upon receipt of the notice. 2. Legal action for eviction — Claim the right to evict the tenant, demand payment of unpaid rent, and seek compensation for the use of the property from the date of termination to the actual eviction date (calculated based on the rental rate). Also demand payment of utility and property management arrears and breach of contract penalties. 3. Judicial preservation and enforcement — If the tenant still refuses to move after winning the lawsuit, apply for forced execution. The court may forcibly evict the tenant and replace the locks. 4. Handling of tenant's belongings — Dispose of the tenant's remaining items in accordance with the contract or court-approved procedures, with the entire process recorded on video and notarized. Special warning: Do not cut off water and electricity, change locks, or throw away belongings without authorization. If self-help actions cause losses to the tenant, the lessor will bear compensation liability and may even trigger public security disputes. In terms of legal procedures, the simplified process typically takes about three months, and the fees are borne by the losing party.

1. Problem background and typical scenarios

The tenant didn't pay the rent for two months. After saying on WeChat, "I'll pay it all together next month," there was no further response, and the tenant still lived in the house. The landlord, in anger, changed the locks, but the tenant then called the police, claiming that "the landlord threw away all my belongings." Default on rent and eviction are among the most common rental disputes. However, improper handling can make the landlord go from being in the right to being held accountable. The professionalism of the process and procedures determines the outcome of the case.

II. Key points of contention

First, the conditions for the exercise of the right of rescission and the effect of the notice; Second, the calculation period and standards of the possession and use fees; Third, the boundaries of the disposal of left-behind items; Fourth, the relationship between the deposit offset and the breach of contract penalty.

III. Professional analysis by Henglue Law Firm

First, the selection of the path of termination: If the contract stipulates that "the lessor may terminate the contract if the lessee defaults on the rent for more than 15 days", the notice shall be sent upon the fulfillment of the condition; if there is no such stipulation, the termination shall be carried out according to the statutory path - if the lessee still fails to pay within a reasonable period after being urged, the contract shall be terminated; the delivery receipt of the termination notice (with the content specified on the EMS form, the complete record of delivery via WeChat, and the video of delivery) is the foundation for subsequent litigation; at the same time, retain the full set of evidence including the lease contract, payment records, and urging records. Second, how to calculate the payment: The rent default shall be calculated according to the contract standard until the date of termination; after termination, the occupancy and use fees from the actual date of vacating until the actual date of vacating shall be calculated according to the original rent standard (or slightly higher) - the judgment explicitly states that the termination shall be effective until the actual date of vacating, and the fees can be continuously calculated during the enforcement stage, which is a key clause to impose continuous economic pressure on those who refuse to vacate; claim the arrears in water, electricity, and gas with supporting documents; clarify the order of offsetting the deposit and breach of contract penalties in the claim to avoid disputes during the enforcement stage. Third, the legal boundaries of disposing of items: If the contract stipulates that "the lessor has the right to dispose of the remaining items if the lessee fails to vacate within the time limit", the contract shall be executed according to the stipulation and the whole process shall be video-recorded; if there is no such stipulation, after being urged and within a reasonable period, the lessee still fails to retrieve the items, they can be disposed of through deposit or litigation - directly discarding the items may lead to being sued in a compensation lawsuit; pay special attention to the special custody obligation of valuable items (documents, computers). Fourth, procedural and enforcement techniques: Apply for pre-execution or property preservation (lessee's deposit, accounts) simultaneously when suing; for those who are "missing", serve the notice through public announcement but with a longer period; before enforcement, the court will announce the deadline for vacating, and impose fines and detention on those who refuse to vacate - the legal effects of "the court clearing the scene" and "the landlord clearing the scene" are completely different; for sub-tenants and sub-leases, review the sub-tenants' bona fide acquisition and lease term, and handle the vacating targets in layers. The process of arrears and eviction cases can be standardized to complete all documents within one week: urging letter, termination notice, lawsuit and evidence list - the faster the process is, the less the accumulated occupancy and use fees will be, and the higher the possibility of settlement; most tenants choose to vacate after receiving the court summons, and the lawsuit itself is the most powerful notice of eviction.

IV. Practical suggestions and legal basis

The first step is to send a written notice of default upon the occurrence of rent arrears, and retain the proof of delivery. The second step is to issue a notice of termination upon the fulfillment of the conditions, specifying the eviction deadline and a list of outstanding fees. The third step is to sue for eviction, rent arrears, occupancy and use fees, and breach of contract damages if the tenant fails to vacate within the specified time. If necessary, apply for preservation measures. The fourth step is to apply for enforcement after winning the lawsuit, and dispose of the remaining items in accordance with the agreement or the court's confirmation, while maintaining full documentation throughout the process. Main legal basis: Article 563 of the Civil Code of the People's Republic of China (effective January 1, 2021) regarding statutory termination, Article 722 regarding the lessee's right to terminate the lease due to rent arrears, and Article 733 regarding the return of the leased property upon lease expiration; the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Urban House Lease Contract Disputes (amended in 2020) regarding occupancy and use fees and eviction; and the Civil Procedure Law of the People's Republic of China (amended in 2023) regarding enforcement. Specific application shall be subject to the currently effective provisions.

5. Henglue Law Firm's Reminder

The eviction formula for unpaid rent: Leave a record of the reminder, issue a notice of termination, initiate litigation and enforcement, and handle the items according to legal procedures. Only when the court clears the scene is it a real eviction. Seeking self-help remedies is digging oneself into a hole. For disputes involving housing leases and evictions, you can seek help through legal channels.Special servicesObtain the overall plan; for contracts involving real estate transactions and construction, you can combine them together.Real estate transactions and construction projectsPlate; for matters related to the enforcement of judgments, you can seek adviceCreditor's rights and debts, and enforcementThe team is responsible for specific areas; for other disputes, you can refer to the relevant guidelines.Business and contract disputes in enterprisesColumn.

VI. Frequently Asked Questions

Q1: Can I just change the lock and kick them out?

No. Seeking self-help remedies may result in liability for compensation and trigger public security or criminal risks. The legal approach is to issue a notice of termination, followed by litigation and court-enforced execution.

Q2: Is it illegal to cut off water and electricity supplies?

High risk. Measures that affect the tenants' basic living conditions may be deemed infringements, and the compensation scope includes property losses and the cost of finding another place to rent, which is not worth the effort.

Q3: Can the royalty be higher than the rent?

It can be claimed that, according to the rental standard, the higher breach of contract liability agreed upon shall be calculated based on the agreed amount; the judgment generally supports the rental standard and calculates it until the actual date of vacating the premises.

Q4: How long can we keep the items left by tenants before throwing them away?

If there is an agreement, the items shall be disposed of in accordance with the agreement; if there is no agreement, the items shall be retrieved within the time limit specified in the written notice. If the items are not retrieved within the time limit, they shall be disposed of through deposit or litigation procedures, and the whole process shall be video-recorded and archived.

Q5: Can the deposit be directly used to offset the unpaid rent?

Yes. The deposit shall be used to offset the unpaid rent and utility bills first, and the remaining amount shall continue to be recovered; the order of offsetting the deposit clause and the penalty clause shall be handled in accordance with the contract provisions.

The above answer is based on the judicial practice in the Beijing area. The judicial interpretation 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. →Specialised services - Legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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.