China Landlord-Tenant Laws: Complete Guide for Property Owners

This guide covers landlord tenant rights china according to the latest 2021 Civil Code regulations in China.

China's residential rental market is primarily governed by the Civil Code of the People's Republic of China (effective January 1, 2021), supplemented by the Administrative Measures for Commodity Housing Leasing (Ministry of Housing and Urban-Rural Development Decree No. 6) and various local municipal regulations. Whether you manage a single apartment, a multi-unit residential building, or a large housing community, understanding these regulations is essential for compliant operations.

Key China Rental Laws at a Glance

Security Deposits

Under the Administrative Measures for Commodity Housing Leasing and general contract principles, landlords who collect a security deposit must specify in the lease agreement the deposit amount, return timeline, and the specific conditions under which deductions may be made.

Arbitrary or unreasonable deductions are strictly prohibited. There is currently no unified national cap on security deposit amounts, though the market standard is typically one to three months' rent. Some cities (e.g., Beijing, Shenzhen) have introduced local regulations requiring rental enterprises to place deposits in supervised escrow accounts. For more detail, see our Security DepositsPreview unavailable deep dive.

Rent Control and Increases

There is no unified national statutory cap on rent increases in China. Rent control measures are typically determined at the municipal level, where local authorities may implement specific guidelines or limits.

Local governments are increasingly establishing rental price monitoring mechanisms, regularly publishing market rent data for different areas and property types. Authorities also crack down on price fraud, rent gouging, and other improper pricing practices by rental enterprises according to local rules. For more detail, see our Rent IncreasesPreview unavailable guide.

Eviction Procedures

China's laws impose strict rules on the eviction process:

Fixed-Term Leases

• Termination must follow the conditions agreed upon in the contract
• Landlords must provide advance notice when terminating for tenant breach
• Violence, threats, and utility shutoffs to force eviction are strictly prohibited

Indefinite-Term Leases

• Either party may terminate at any time with reasonable advance notice
• In practice, at least 30 days' written notice is recommended

For more detail, see our Eviction ProcessPreview unavailable guide.

Required Disclosures

Under current law, landlords must fulfill these disclosure obligations before signing a lease:

1. Identity Verification - Present valid personal identification documents
2. Property Title - Present property ownership certificate or legal rental authorization
3. Property Safety - Confirm the property meets building, fire, and gas safety standards
4. Prohibited Spaces - Kitchen, bathroom, balcony, basement, and garage areas must not be rented for habitation
5. Occupancy Standards - Comply with local minimum floor area per person and maximum occupant limits

For more detail, see our Required DisclosuresPreview unavailable guide.

Maintenance and Habitability

Landlords bear primary responsibility for structural repairs.

Under the Civil Code and the Administrative Measures for Commodity Housing Leasing:

• Properties must meet building safety, fire safety, and gas safety standards
• Landlords must repair plumbing, electrical, and structural damage caused by normal use
• If a landlord fails to make timely repairs after being notified, the tenant may carry out repairs and deduct costs from rent
• Pre-rental interior renovation materials must meet safety and health standards (to prevent "formaldehyde apartment" hazards)

For more detail, see our Maintenance ObligationsPreview unavailable guide.

Late Fees

China has no uniform national cap on rental late fees.

Late payment penalties are negotiated between the parties in the lease agreement, but courts may:

• Reduce excessive penalties - liquidated damages deemed disproportionate to actual losses
• Apply a general standard of no more than four times the Loan Prime Rate (LPR)
• Allow landlords to demand payment within a reasonable period if rent is overdue without justification

For more detail, see our Late FeesPreview unavailable guide.

Lease Registration and Filing

The Administrative Measures for Commodity Housing Leasing and local regulations generally mandate:

• Landlords and tenants must sign leases using real-name identification
• Leases should be filed with local housing authorities
• Leases of six months or longer require a written contract
• If the landlord fails to file, the tenant may file independently
• Use of government-recommended standard lease templates is encouraged

Local Variations

China's cities may have significantly different local housing rental regulations:

• Beijing - Rental enterprises must establish deposit escrow mechanisms; property service evaluation systems
• Shanghai - Strict oversight of commercial rental activities; detailed occupancy standards
• Shenzhen - Established rental fund supervision platforms; promotes quality standards for rental housing
• Hangzhou - Implements a housing rental credit evaluation system
• Guangzhou - Special fire safety management regulations for rental housing

Always verify the specific local regulations in your city.

Getting Started with Compliance

China's rental regulatory framework is rapidly evolving, and managing compliance across regions can be complex.

Landager helps landlords and property managers track compliance status, manage lease terms, and receive timely updates when regulations change. Explore more China compliance topics:

• Security DepositsPreview unavailable
• Eviction ProcessPreview unavailable
• Required DisclosuresPreview unavailable
• Rent IncreasesPreview unavailable
• Lease RequirementsPreview unavailable
• Maintenance ObligationsPreview unavailable
• Late FeesPreview unavailable