[Direct answer]It's useful but limited. Arrears in rent are essentially civil breaches of contract. The police won't handle the issue of unpaid rent, so you can't expect to call the police to make tenants pay the rent. The value of calling the police lies in three aspects: stopping violence and illegal intrusion when conflicts occur, fixing evidence at the scene to form a police report, and deterring professional defaulters. The correct way to recover the rent is to issue a written reminder, terminate the contract according to the agreement, sue to recover the rent and occupation fees, and be cautious about cutting off water and electricity - if the contract doesn't stipulate it, cutting off the supply will constitute a breach of contract on your part.

1. Problem background and typical scenarios

The tenant defaulted on two months' rent. The landlord called the police, and after the police arrived and investigated, they said, "You can resolve the economic dispute through negotiation." The landlord was angry and decided to change his approach by replacing the locks and throwing away the tenant's belongings, but the tenant instead sued the landlord for compensation. In rental disputes, calling the police can be a useful means of gathering evidence and seeking protection, but if used improperly, it can be ineffective or even backfire on the landlord.

II. Key points of contention

First, the functional boundaries of reporting an alarm: the distinction between public security matters and civil disputes. Second, the procedures of urging and termination: written notifications and reasonable time limits. Third, the boundaries of self-help remedies: the legal risks of changing locks, cutting off water and electricity, and clearing out belongings. Fourth, the calculation of the security deposit offset and occupancy fees.

III. Professional analysis by Henglue Lawyers

Based on Henglue Lawyer's experience in handling lease disputes, the process of dealing with rent arrears can be divided into four steps: 1. **Collect Evidence**: Archive all relevant documents, including the contract, payment records, and chat logs related to payment reminders. Specify the start date and amount of the rent arrears in the written notice of default and retain the delivery proof (for WeChat notifications, save the screenshots and original content). 2. **Initiate Legal Proceedings**: - For contracts with a grace period, send a notice of default within the specified timeframe. - If the tenant still fails to pay after the grace period, exercise the right of termination. The termination notice takes effect upon delivery. - If no grace period is specified in the contract, set a reasonable deadline (usually around 15 days) before terminating the contract. Procedural errors may be criticized by the court. 3. **Use the Police**: - Call the police when the tenant refuses to vacate and there's a risk of conflict, when they transfer the lease without permission and go missing, or when there are disputes over property in the unit. The police report serves as evidence in future litigation. - However, repeatedly using the police as a means of rent collection is a waste of time, as the police can only mediate disputes. 4. **Avoid Overstepping Legal Boundaries**: - Actions such as changing locks, cutting off utilities, or throwing away tenants' belongings constitute excessive self-help measures. Unless explicitly permitted by the contract and in accordance with legal procedures, these actions may lead to infringement or even illegal behavior. There are many cases where tenants counter-sue for property damage and disruption of living conditions. - A safer approach is to sue for termination and eviction, and then apply for forced execution through the court. - Calculate all costs: unpaid rent, occupancy fees after contract termination (usually based on daily rental rates), utilities, and penalties. The deposit can be offset against the outstanding balance, but any discrepancies must be clarified. - For small rent arrears, consider using payment orders or small claims procedures, which are more cost-effective than regular litigation.

IV. Practical Suggestions and Legal Basis

The first step is to send a written reminder three days after the due date and keep the evidence of delivery to avoid verbal collection of rent; The second step is to issue a notice of termination after the agreed or reasonable time limit, specifying the date of eviction; The third step is to call the police to fix the evidence of on-site conflicts and not use the call to the police as a tool for rent collection; The fourth step is to sue for termination of the lease, rent, occupancy fees, and breach of contract damages against those who refuse to vacate the premises, and apply for enforcement after winning the lawsuit. Main legal basis: Articles 721 and 722 of the Civil Code of the People's Republic of China (effective from January 1, 2021) regarding rent payment and the right of termination; Article 565 of the Civil Code of the People's Republic of China regarding the provisions on notices of termination; The Civil Procedure Law of the People's Republic of China regarding payment orders and enforcement; The specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

Three key points for recovering unpaid rent: Report to the police to ensure safety and gather evidence, regardless of whether you're urging payment; Follow the legal procedures for giving notice of termination; Don't overstep boundaries when seeking self-help remedies; Calculate occupancy fees and breach-of-contract penalties together, and enforcement through legal channels is the final step. Those involved in rental disputes can seek help through legal channels.Special servicesFor a comprehensive solution involving the intersections of house buying, selling, and renting, you can refer to the following for reference.Property sales and construction projectsFor columns involving disputes over the termination of contracts, the relevant provisions can be combined together.Contract disputesFor matters related to the enforcement of judgments, you can consult usCreditor's rights and debts, and enforcementTeam.

VI. Frequently Asked Questions

Q1: If the police don't deal with rent arrears, is it a waste of time to call the police?

It's not a pointless report. While the police won't handle civil disputes like rent arrears, calling the police to deal with on-site conflicts, unlawful trespassing, and property disputes can help prevent risks and generate a police report, which can serve as evidence in subsequent litigation. However, simply relying on calling the police to demand rent won't actually help.

Q2: Can I directly change the lock and cut off the electricity to force the tenant to move out?

It is not recommended. If there is no contractual agreement or the procedures are not in compliance with regulations, changing the locks and cutting off the electricity may constitute infringement, and the tenants' counterclaims for property losses and living disturbances may backfire on themselves. The safe approach is to first issue a notice of termination and then sue for eviction. After winning the lawsuit, the court will enforce the eviction, which is the safest way to handle the situation.

Q3: Can the deposit be directly used to offset the unpaid rent?

If there is an agreement in the contract or if both parties agree, the deduction is allowed; if there is no agreement, direct deduction may lead to disputes. It is recommended to explain the deduction details and the handling of the balance in the notice of termination, and to keep written records of it.

Q4: What are the procedures to follow if the tenant goes missing?

Send the reminder and notice of termination to the address specified in the contract or the ID card, and keep the receipt or proof of return. In the event of litigation, the court may serve the documents by public notice. After a default judgment is issued, you can apply for forced eviction. Although the process may take slightly longer than usual, it is feasible to proceed with the eviction.

Q5: If the amount of unpaid rent is not large, is it worth suing for it?

It's worth evaluating two fast-track channels: qualified applicants can apply for payment orders, which can be executed if the other party does not object; the small claims procedure is a one-time trial with a short duration. In addition, the total amount after occupancy fees and breach of contract penalties is often higher than expected, so the cost-benefit ratio should be calculated first before making a decision.

The above answer is based on the judicial practice in Beijing. The adjudicative opinions in other provinces or 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 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. In case of disputes, please consult a practicing lawyer in time.