Now Shenzhen | August 9, 2023
·About The Author·
- Author of Chinese Law Books: Intellectual Property, Commercial, Company and Economic Law In A Minute
- Author of English Law Book Business Law In A Minute
- Co-Author of Peking University Textbook: Business Ethics
- Graduated from Fudan University Law School
- Interviewed by Bloomberg and Timeout
- Mentor at Bloom Education (Charity)
Wechat: lawinamin
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In today's episode, we will be talking about landlord issues, mainly on what to do if your landlord refuses to return your deposit.
When you rent an apartment in China, you are required to provide a deposit of at least one month's rent, or two months' rent if the apartment is expensive. At the end of the rental period, you are entitled to receive your deposit back, as long as you return the apartment in good condition.
Unfortunately, some landlords may refuse to return your deposit or make unreasonable deductions from it. There are two types of landlords in China - the average landlord who owns several properties and the "second landlord," who leases the property from the original landlord for a lower price and redecorates it with their own money in order to earn a profit from the difference. Second landlords are typically more likely to deduct your deposit.
If your deposit is not a significant amount of money, it may not be worth suing the landlord. Instead, there are four measures that you can take to protect yourself if you encounter such a scenario.
First, before signing the rental contract, add a clause stating that the deposit will be used in place of the last one or two months' rent. This way, you do not have to depend on the landlord to return the deposit after the lease. However, you should also be cautious of a clause that some landlords may slip into the contract, which states that if you do not find a new tenant, the deposit will be deducted.
Second, when preparing to move out, ask the landlord to return your deposit on the last day when they inspect the apartment. If the landlord refuses to return your deposit, you can refuse to leave and live in the apartment until you have used up the deposit. Be prepared for potential conflict and change the locks to prevent the landlord from entering the apartment with a spare key. If the landlord calls the police, rest assured knowing that you are complying with the law. You can also call the police yourself by dialing 110.
Third, involve various governmental agencies, such as the property management office, police, tax bureau, and fire department. Rent is considered income and should be taxed accordingly. If landlords have not reported their rental income to the tax bureau, they may face legal consequences. The hotline for the tax bureau is 12366.
Similarly, before an apartment can be rented out, it must conform to fire regulations, such as having fire extinguishers and unobstructed doors. Involving the fire department can also cause trouble for stingy landlords. Their hotline is 16119.
In conclusion, these measures can help protect you from unfair practices by landlords when it comes to returning your deposit. It's important to remember that you have rights and should take steps to protect yourself when renting in China.