[Direct answer]In the Beijing area, there are five steps to follow according to the process: issuing a written reminder to confirm the fact and amount of the unpaid rent; sending a notice of termination to recover the property after the agreed or reasonable time limit; negotiating the eviction and, if unsuccessful, suing to terminate the contract, recover the arrears in rent and occupation fees, and compensate for the losses caused by the breach of contract; applying to the court for forced eviction if the tenant refuses to move out after winning the lawsuit; and checking the deposit and offsetting it against the arrears in water, electricity, and property fees throughout the process. It is important not to delay or rush when dealing with long-term unpaid rent — delaying will lead to statute of limitations and evidence becoming unclear, while rushing to take self-help measures may exceed legal boundaries, both of which will result in greater losses.

I. Problem background and typical scenarios

The tenant kept putting it off, saying "I'll pay it next month," until he completely disappeared. With people still living in the house but no sign of the rent, the landlord was torn between suing him now, worried that he might not move out, and waiting indefinitely without suing him. Dealing with long-term rent arrears is a battle of procedures, where every written record at each step determines the final speed of enforcement.

II. Key points of dispute

First, the compliance of the procedures for urging and termination: grace period, form of notice, and effective time. Second, the calculation of the scope of losses: rent, occupation fees, breach of contract penalties, and losses during the vacancy period. Third, the handling of items in the house: retention, safekeeping, and storage responsibilities. Fourth, the implementation of eviction: forced execution and cost sharing.

III. Professional analysis by Henglue Law Firm

Based on Henglue Lawyer's experience in handling housing lease cases, there are four key stages in dealing with long-term rent arrears: 1. **Legal Procedure**: Send a written notice of default (specifying the arrears period, amount, and payment deadline). The delivery of the notice serves as evidence for exercising the right of termination. Send the termination notice via WeChat and retain the original record. 2. **Negotiation**: There's room for compromise before and after litigation. - For tenants who can pay arrears and renew the lease, draft a supplementary agreement requiring guarantees. - For tenants unable to fulfill obligations, negotiate automatic removal and reduced penalties. Include the removal date in the agreement to shorten enforcement cycles by months. 3. **Evidence Gathering**: Document all losses item by item: - Arrears according to contract terms. - Occupancy fees after termination based on daily rent or market rates (higher claims require evidence). - Utility and property arrears with receipts. - Penalties according to contract terms (excessive penalties may be adjusted). - Never dispose of items in the property. Conduct an inventory and photo documentation during removal. Notify tenants to retrieve items within a deadline. Refusals trigger storage or disposal at the tenant's expense. 4. **Enforcement**: Specify removal obligations and cost responsibilities in the court judgment. After enforcement, the court clears the premises. For three common misconceptions: - Thinking reporting to the police will solve the problem (police only handle public order in civil disputes). - Believing cutting off utilities will accelerate resolution (unless authorized by contract, risking counterclaims). - Assuming the security deposit covers all losses (long-term arrears often exceed the deposit, with the difference still recoverable).

IV. Practical suggestions and legal basis

The first step is to send a written reminder and fix the evidence of delivery upon overdue payment, and reconcile the amount of unpaid rent on a monthly basis. The second step is to issue a notice of termination when the grace period expires, specifying the eviction date and consequences. The third step is to sue for termination, rent, occupancy fees, and breach of contract penalties, and apply for property preservation simultaneously. The fourth step is to witness and inventory the items during the eviction and apply for forced execution after winning the lawsuit. Main legal basis: Article 722 of the Civil Code of the People's Republic of China (effective from January 1, 2021) regarding the termination of the lease due to unpaid rent; Articles 565 and 577 regarding the termination procedure and breach of contract liability and penalties; provisions on property preservation and forced execution in the Civil Procedure Law of the People's Republic of China; specific application shall be subject to the currently effective regulations.

5. Henglue Law Firm's Advice

There are three key points to dealing with long-term rent arrears: procedural compliance is a prerequisite for quick resolution, and every step must be documented in writing; full compensation for losses must be claimed, otherwise waiving the occupancy fee and breach of contract penalties is tantamount to giving up; and inventory and cataloguing of items must be carried out before disposal, as self-help remedies often carry greater risks than benefits. For comprehensive handling of lease disputes, please contact us for assistance.Special servicesFor a comprehensive solution involving housing property rights and transactions, you can refer to the following information.Property transactions and construction projectsThe column, which involves the design of contract terms, can be combined with other content.Contract disputesFor any questions regarding the implementation of the eviction, you can consult the relevant departmentCreditor's rights and debts, and enforcementTeam.

VI. Frequently Asked Questions

Q1: How long does a tenant have to default on the rent before the contract can be terminated?

If there is an agreement in the contract, the lessee shall pay according to the agreement (commonly, if the payment is delayed for more than the agreed number of days or the grace period); if there is no agreement, if the lessee still fails to pay within a reasonable period (usually about 15 days) after being reminded, the lessor may terminate the contract.

Q2: If the tenant refuses to move out after the lease is terminated, do they still have to pay the rent?

Yes. After the contract is terminated, the occupancy fee for the period of refusing to vacate the premises shall be paid according to the original rent standard or the market rent standard. Those who claim the market rent standard shall provide evidence; the occupancy fee and the breach of contract penalty may be claimed together.

Q3: Can I throw away the furniture and appliances in the house to offset the rent?

It is not allowed to handle the matter without authorization. When evicting the tenant, the landlord should inventory and catalog the items, take photos, and notify the tenant to retrieve them within a specified period. If the tenant refuses to vacate the premises, the landlord may handle the matter in accordance with the contract or deposit and store the items. If the landlord disposes of or sells the items without authorization, he/she shall bear the liability for the losses caused thereby.

Q4: How long will it take to recover the house through litigation?

A judgment can be obtained within a few months if the case is simple and the service of process goes smoothly. However, if the tenant is uncontactable, the period for serving the notice of default will be longer. Negotiating the eviction and payment orders, as well as small claims litigation, are options to speed up the process. The time required for enforcing the eviction will be calculated separately.

Q5: If the tenant doesn't have the money and can't get the compensation even after winning the lawsuit, what should they do?

The core objective is to repossess the house itself; once the rental claim enters the enforcement phase, it can be followed up over the long term, and any clues to the debtor's assets can be used to resume enforcement at any time; collecting the deposit and setting up guarantees (such as third-party guarantees) during the contract signing process are key to controlling risks in advance.

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 regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as 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. If you encounter disputes, please consult a practicing lawyer in time.