China Landlord Maintenance: Repair Duties & Habitability

This guide covers landlord maintenance china according to the Civil Code of the People's Republic of China (effective 1 January 2021) and the Regulations on Housing Leasing (effective 15 September 2025), which serve as the primary governing laws for property maintenance and repair duties.

Under China's rental law framework, landlords bear primary responsibility for ensuring their properties are safe and habitable. The Civil Code and the Regulations on Housing Leasing set clear maintenance standards and legal liabilities for property owners. Disputes regarding maintenance failures are typically adjudicated by the local People's Court (基层人民法院) in the jurisdiction where the property is located.

Landlord Repair Obligations

Statutory Maintenance Duty

Under Civil Code Article 712 and Article 7 of the Regulations on Housing Leasing (2025), the landlord is obligated to maintain the leased property and ensure it complies with mandatory standards for construction, fire safety, gas, and indoor decoration, unless the parties agree otherwise:

Consequences of Failure to Repair

If a landlord fails to fulfill repair obligations:

• The tenant may carry out repairs independently after requesting the landlord to repair within a reasonable time limit, with costs borne by the landlord (Art. 713).
• If the repair affects the tenant's use of the property, the rent shall be reduced accordingly or the lease term extended (Art. 713).
• The landlord must compensate losses resulting from failure to make timely repairs.
• If the property endangers the tenant's safety or health, the tenant may terminate the lease at any time under Civil Code Article 731—even if the tenant was aware of the condition at signing.

Building Safety Standards

Mandatory Safety Standards

Under the Regulations on Housing Leasing (2025), a property may not be leased if it fails to meet mandatory safety standards. Key prohibitions include:

• Prohibited Living Spaces: It is strictly prohibited to lease non-living spaces, including kitchens, bathrooms, balconies, basements, and garages, as independent living quarters (Art. 38).
• Illegal Construction: The property is an illegal building or structure.
• Safety & Disaster Prevention: The property does not meet mandatory engineering construction standards for safety and disaster prevention.
• Fire Safety: Landlords must not damage or disable fire-fighting facilities (消防设施); failure to comply results in administrative penalties and fines.
• Unapproved Alterations: The property's designated use has been changed in violation of relevant regulations.

Indoor Environmental

Formaldehyde and Hazardous Substances

Landlords must ensure that rental properties meet mandatory indoor environmental standards to protect tenant health.

Landlords must ensure:

• Newly renovated properties undergo adequate ventilation before being rented.
• Indoor air quality meets the mandatory Code for Indoor Environmental Pollution Control of Civil Building Engineering (GB 50325).
• Renovation materials are nationally certified eco-friendly building products.
• Properties exceeding hazardous substance limits must be remediated before rental.

Basic Habitability Conditions

Rental properties must provide the following baseline:

Recommended Repair Workflow

Landlords should establish a standardized repair process:

Step 1: Receive the Report

• Provide accessible reporting channels (phone, WeChat, platform, etc.)
• Log the issue, timestamp, and urgency level

Step 2: Assess and Respond

• Emergency repairs (water leaks, gas leaks, electrical faults): respond within 24 hours
• Standard repairs (door/window damage, wall peeling): respond within 72 hours
• Non-urgent repairs (appliance replacement, partial renovations): schedule within 7 business days

Step 3: Carry Out Repairs

• Use qualified repair materials and licensed personnel
• Coordinate repair timing with the tenant in advance
• Obtain the tenant's consent before entering the property

Step 4: Acceptance and Documentation

• Have the tenant confirm completion of repairs
• Retain repair records and expense receipts

Tenant's Duty of Care

Tenants using the property must also fulfill these obligations:

Tenant Remedies

When the landlord fails to fulfill maintenance obligations:

Self-Help Repair Right

Under Civil Code Article 713:

• If the landlord fails to repair within a reasonable timeframe after being requested.
• The tenant may conduct repairs independently.
• Repair costs are borne by the landlord.
• If the repair affects the tenant's use, the tenant is entitled to a rent reduction or lease extension.

Right to Terminate

When the property poses a danger to the tenant's safety or health:

• Under Civil Code Article 731, the tenant may terminate the lease at any time.
• This right applies even if the tenant knew of the condition upon signing.
• The landlord bears corresponding liability for damages.

Best Practices for Landlords

1. Maintain repair files - Create a dedicated maintenance log for each property.
2. Annual inspections - Conduct at least one safety check per year.
3. Preventive maintenance - Schedule regular servicing of water, electrical, and gas systems.
4. Qualified contractors - Use licensed professionals and certified materials.
5. Rapid response - Build an efficient system for handling repair requests.
6. Cost transparency - Provide clear, receipt-backed breakdowns for all repair expenses.
7. Contract clarity - Define maintenance responsibility allocation clearly in the lease.