Renting Residential and Commercial Property in China: Lease Agreements, Deposits, Registration, Tenant Rights, and Landlord Obligations

Renting Residential and Commercial Property in China: Lease Agreements, Deposits, Registration, Tenant Rights, and Landlord Obligations

Introduction

Renting property in China is governed by a combination of national legislation, administrative regulations and local housing policies. The legal framework applies to both residential and commercial premises, but the two categories should not be treated as interchangeable. Residential leasing is subject to rules concerning housing safety, occupancy, deposits, registration and the protection of tenants as occupants of private homes. Commercial leasing, by contrast, is more closely connected with contractual freedom, permitted business activities, property-use classifications, planning requirements and the allocation of commercial risks between the parties.

The principal source of general contract law is the Civil Code of the People’s Republic of China, which regulates lease agreements in Articles 703–734. These provisions establish the basic rights and obligations of landlords and tenants, including the delivery and maintenance of the leased property, payment of rent, permitted use, subletting, termination, renewal and the consequences of a change in ownership.

Residential leasing is additionally governed by the Housing Rental Regulations, promulgated by State Council Decree No. 812 in July 2025 and effective from 15 September 2025. This regulation establishes a national framework for the residential rental market on urban state-owned land. It addresses the legal condition of rental housing, written and real-name contracts, registration, security deposits, landlords’ obligations, tenant conduct, rental enterprises and real-estate brokerage agencies.

The Urban Real Estate Administration Law also contains provisions on housing leases, including the requirement for written agreements and registration and filing with the competent property authorities. Other legislation may become relevant depending on the property, its intended use and the identity of the parties.

For foreign nationals, renting property involves an additional administrative obligation. A foreigner staying in accommodation other than a hotel must ensure that the required accommodation registration is completed with the public security authorities within 24 hours after arrival. Since September 2026, the National Immigration Administration has rolled out online accommodation registration services nationwide, while retaining the possibility of completing registration through the local public security authorities.

For foreign companies, commercial leasing requires particular attention to the permitted use of the premises, the landlord’s authority to lease, the company’s registered business activities, fire-safety and planning requirements, and the contractual allocation of costs associated with fitting out and maintaining the premises.

This article examines the legal framework for residential and commercial property leases in China, explaining how lease agreements are formed, how deposits and rent are regulated, what rights tenants enjoy, what obligations landlords must perform and how disputes may be resolved.

1. The Legal Framework Governing Property Rentals in China

1.1 The Civil Code: the general law of lease agreements

The Civil Code is the principal source of private-law rules governing leases in China. Book Three, Contract, contains a dedicated chapter on lease contracts in Articles 703–734.

Article 703 defines a lease contract as an agreement under which the lessor delivers an object to the lessee for use or for obtaining benefits, while the lessee pays rent.

This definition captures the essential legal relationship: the landlord grants the tenant the right to possess and use the property for an agreed purpose and period, in return for payment.

The Civil Code applies to residential and commercial leases unless a specialised law or administrative regulation establishes additional or different requirements.

Its provisions address, among other matters:

• The formation and content of a lease contract.
• The maximum permitted lease term.
• Delivery of the property.
• Rent and payment arrangements.
• Repair and maintenance obligations.
• Permitted use of the premises.
• Improvements and alterations.
• Subletting.
• Termination and renewal.
• The effect of a sale of the leased property.
• The rights and obligations of parties following the end of a lease.

The Civil Code is particularly important where a lease agreement is silent or incomplete. Statutory provisions may determine how the parties must perform their obligations even where the contract does not expressly address every practical situation.

1.2 The Housing Rental Regulations 2025

The Housing Rental Regulations represent a major development in China’s residential rental framework.

The State Council adopted the regulation on 27 June 2025 and promulgated it through Decree No. 812 on 16 July 2025. It entered into force on 15 September 2025.

The regulation applies to residential rental activities and their supervision in urban areas on state-owned land. It establishes responsibilities for landlords, tenants, professional housing rental enterprises, brokerage agencies and the competent administrative authorities.

Among its principal subjects are:

• Minimum legal and safety standards for rental housing.
• Real-name residential lease agreements.
• Filing of residential rental contracts.
• Verification of landlord and tenant identities.
• Disclosure of ownership or other lawful authority to rent.
• Security deposit arrangements.
• Restrictions on landlords entering rented homes.
• Tenant obligations concerning safety and reasonable use.
• Prohibition of unlawful eviction methods.
• Regulation of professional rental enterprises and brokerage agencies.

The regulation does not replace the Civil Code. Instead, it supplements the general contractual framework with more specific administrative and residential-market requirements.

Its geographical and subject-matter scope should be understood carefully. It principally concerns housing on urban state-owned land. Housing on collectively owned rural land is subject to management arrangements determined by provincial-level governments, while affordable housing and certain other specialised categories may be governed by separate rules.

1.3 The Urban Real Estate Administration Law

The Urban Real Estate Administration Law contains a separate section on housing leases.

Article 53 defines housing rental as the activity through which the owner of a building leases it to a tenant for use in exchange for rent.

Article 54 requires the landlord and tenant to conclude a written lease agreement specifying matters such as the lease term, permitted use, rent, repair responsibilities and other rights and obligations. It also provides for registration and filing with the competent property administration department.

Article 55 establishes that residential leasing must comply with national policies and the requirements of the government of the city where the property is situated. By contrast, where premises are leased for production or commercial activities, rent and other lease terms are generally negotiated by the parties.

These provisions demonstrate why a national understanding of Chinese rental law must be supplemented by local rules. The central legislation establishes the general framework, but local governments may regulate housing conditions, registration procedures, occupancy limits and particular rental-market practices.

1.4 Local regulations and administrative implementation

Local authorities play an important role in the administration of rental property.

Municipalities and other local governments may regulate:

• Housing rental registration procedures.
• Minimum occupancy areas.
• Maximum permitted occupants per room.
• Fire-safety and building requirements.
• Property-management arrangements.
• Residential rental-market supervision.
• Local housing eligibility and public-service arrangements.

The rules in Beijing, Shanghai, Shenzhen, Guangzhou and other major cities may therefore differ in their administrative implementation.

A tenant should not assume that a procedure used in one city will necessarily be accepted in another. This is particularly relevant to foreigners, who may need to complete accommodation registration and provide documents in a format required by the local authorities.

2. Residential and Commercial Leases: The Essential Distinction

2.1 Residential property

A residential lease allows a tenant to occupy a property as a home.

The landlord must ensure that the property is legally available for residential rental and meets applicable requirements concerning construction, fire safety, gas installations, internal decoration and other mandatory standards.

The Housing Rental Regulations prohibit the separate rental for residential occupation of certain spaces not designed or approved as independent residential accommodation. These include kitchens, bathrooms, balconies, corridors, underground storage areas and garages.

The purpose of this rule is to prevent unsafe or unsuitable spaces from being marketed as independent housing.

Local authorities may also establish maximum occupancy levels and minimum living-area requirements. A landlord cannot necessarily convert every room in a residential property into a separate rental unit simply by installing partitions or adding beds.

2.2 Commercial property

Commercial leases concern premises used for business, professional, industrial, retail, office, storage or other non-residential purposes.

Examples include:

• Offices and business centres.
• Shops and retail units.
• Restaurants and cafés.
• Warehouses and storage premises.
• Industrial workshops.
• Commercial buildings.
• Premises used for professional services.

Commercial leasing is generally more dependent on the agreed contractual terms than ordinary residential leasing.

The parties may negotiate rent, rent-free periods, security deposits, renewal rights, maintenance responsibilities, service charges, fit-out contributions and early termination arrangements.

However, contractual freedom is not unlimited. The premises must be legally suitable for the intended activity. A tenant cannot assume that a building classified as residential may lawfully be used as a restaurant, factory, office or commercial storage facility.

The relevant planning, land-use, fire-safety, environmental and business licensing requirements must be examined before the lease is signed.

2.3 Why the distinction matters

A residential tenant and a commercial tenant may have similar contractual rights under the Civil Code, but the practical legal environment differs.

Residential tenants benefit from additional rules concerning the condition of housing, landlord access, occupancy and the regulation of housing rental businesses.

Commercial tenants must pay particular attention to the legal suitability of the premises, the landlord’s authority to lease, the permitted business use, construction and fit-out approvals and the financial consequences of terminating the lease before the agreed date.

For this reason, a lease agreement should clearly identify whether the property is being rented for residential or commercial purposes. An ambiguous description can create disputes over the tenant’s permitted use and the landlord’s responsibilities.

3. Formation and Validity of Lease Agreements

3.1 How a lease contract is formed

Under the Civil Code, a lease agreement is formed through the ordinary principles of contract law.

The parties must reach agreement on the essential terms, including the property being leased and the obligation to pay rent.

A contract may generally be concluded in written, oral or other legally recognised forms. However, the Civil Code requires a written lease where the agreed term exceeds six months.

Article 707 provides that where a lease exceeding six months is not concluded in writing, and its duration cannot be determined, it is treated as an indefinite-term lease.

In practice, written agreements are essential for both residential and commercial transactions. They provide evidence of the parties’ intentions and reduce uncertainty concerning payment, possession, maintenance and termination.

3.2 Essential contractual terms

Article 704 of the Civil Code identifies the principal matters ordinarily included in a lease agreement.

A properly drafted agreement should address:

1. The identity and contact details of the landlord and tenant.
2. The address and description of the property.
3. The area, layout and relevant facilities.
4. The permitted purpose of use.
5. The commencement and expiration dates.
6. The rent and payment schedule.
7. The security deposit.
8. Utility charges and other operating costs.
9. Repair and maintenance responsibilities.
10. Rules governing alterations and improvements.
11. Subletting and assignment.
12. Access and inspection arrangements.
13. Breach of contract and termination.
14. Renewal and handover procedures.
15. Dispute resolution.

For commercial premises, the agreement should also identify the permitted business activities, the condition in which the property is delivered, responsibility for fit-out works, service charges, signage, insurance and the allocation of costs for restoring the premises at the end of the lease.

3.3 The identity and authority of the landlord

A tenant should verify that the person or company offering the property has the legal right to lease it.

Under Article 9 of the Housing Rental Regulations, residential landlords must present identity documents and the immovable-property ownership certificate or other documents establishing their lawful authority to rent the property.

This is important because the person advertising an apartment may not necessarily be its registered owner.

The landlord may be acting through an authorised representative, an agent, a property-management company or another entity holding a lawful right to operate the rental property.

Where the person offering the property is not the registered owner, the tenant should examine the authority under which the lease is being concluded.

For commercial premises, the tenant should also verify the legal status of the company or individual granting the lease and whether the relevant property may lawfully be used for the proposed activity.

3.4 The identity of the tenant

The Housing Rental Regulations require real-name residential lease agreements.

The landlord must verify the tenant’s identity and may not rent the property to a person or organisation that refuses to provide the required identification documents.

For foreign individuals, the relevant documents will generally include a valid passport or other legally accepted identification document.

A company renting residential accommodation for an employee may need to establish whether the company or the individual employee is to be named as the tenant, depending on the contractual and administrative arrangements.

Commercial leases commonly require company registration information, identification of the legal representative or authorised signatory and evidence that the person signing the agreement has authority to bind the enterprise.

3.5 Electronic lease agreements

Chinese contract law recognises electronic forms of contracting.

Article 469 of the Civil Code provides that data messages, including electronic data interchange and email, may constitute written form where their contents can be tangibly represented and retrieved for future reference.

An electronically concluded lease may therefore be legally effective if the requirements of contract formation and the applicable electronic-signature rules are satisfied.

Nevertheless, the parties should retain the complete electronic agreement, evidence of acceptance, payment records and any attachments or inspection documents.

Where registration or filing is required, the parties must also comply with the relevant administrative procedure. The fact that a contract is electronically signed does not automatically complete the required registration.

4. Duration of Lease Agreements and Renewal

4.1 The maximum lease term

Article 705 of the Civil Code provides that a lease term may not exceed 20 years.

Where the parties agree to a period longer than 20 years, the portion exceeding that limit is invalid.

The parties may renew the lease when the original term expires, but the renewed term may not exceed 20 years from the date of renewal.

This rule applies to ordinary property leases, including residential and commercial agreements.

The statutory maximum should not be confused with the land-use term associated with the building. A landlord may own a building or hold a construction land-use right for a much longer period than the tenant’s lease, but the individual lease remains subject to the Civil Code’s maximum duration.

4.2 Fixed-term and indefinite-term leases

A fixed-term lease specifies a commencement date and an expiration date.

It is the most common arrangement for residential and commercial property.

An indefinite-term lease does not establish a clearly determined final date. Under Article 730 of the Civil Code, either party may terminate an indefinite-term lease by giving notice within a reasonable period.

The distinction matters because a party to a fixed-term agreement cannot ordinarily terminate it simply because it has changed its mind. Early termination must be based on a contractual right, a statutory ground or another legally recognised basis.

4.3 Renewal and continuation

The parties may agree to renew a lease before its expiration.

For residential leases, the tenant should examine whether the contract provides a renewal mechanism, the notice period for expressing an intention to renew and whether rent may be adjusted.

Article 734 of the Civil Code provides a statutory priority right for a tenant who, after expiration of the lease, continues to use the leased property with the landlord’s knowledge and without objection. In such circumstances, the original lease continues as an indefinite-term lease.

The continuation of the lease does not necessarily preserve every detail of the original fixed-term arrangement indefinitely. The parties should clarify rent, notice periods and other relevant terms.

4.4 Commercial lease renewal rights

Commercial tenants should negotiate renewal rights carefully.

A business may invest substantial sums in renovation, equipment, branding, staff recruitment and customer development. Losing the premises at the end of the lease may therefore have consequences far beyond the cost of moving.

A commercial lease may include:

• An option to renew.
• A right of first negotiation.
• A right of first refusal where legally applicable.
• A specified rent-adjustment mechanism.
• A requirement to notify the tenant of the landlord’s intention not to renew.
• Conditions concerning the tenant’s financial and contractual performance.

These provisions should be drafted clearly. A general statement that the tenant may discuss renewal does not necessarily create an enforceable option to extend the lease.

5. Rent, Deposits and Other Payments

5.1 Rent and payment arrangements

Rent is the principal financial obligation of the tenant.

Article 704 of the Civil Code requires the lease agreement to identify the rent and the time and method of payment.

The parties may agree on monthly, quarterly, semi-annual or other payment arrangements, subject to the applicable law and any relevant residential rental regulations.

A lease should specify:

• The amount of rent.
• The currency and payment method.
• The date on which payment becomes due.
• The account to which payment must be made.
• Whether rent is payable in advance.
• The consequences of late payment.
• The circumstances in which rent may be adjusted.

A tenant should retain evidence of every payment. Bank transfers, electronic payment confirmations and receipts may become important in a dispute.

5.2 Rent increases

The Civil Code does not establish a universal rent-control system applicable to all private residential and commercial leases.

For ordinary private rentals, rent is generally determined by agreement between the parties, subject to mandatory legal provisions and applicable local policies.

A fixed-term lease should state whether the rent remains unchanged throughout the term or may be adjusted according to an agreed formula.

Where a landlord attempts to increase rent unilaterally without a contractual or legal basis, the tenant may dispute the increase.

For commercial leases, rent-adjustment clauses are particularly important because long-term business occupancy may be affected by changes in market conditions, operating costs and the value of the premises.

5.3 Security deposits

Security deposits are common in both residential and commercial leasing.

They provide financial security for the landlord against certain losses arising from unpaid rent, unpaid charges, damage beyond ordinary wear and tear or other contractual breaches.

The Housing Rental Regulations require residential lease agreements to specify:

• The amount of the deposit.
• The time at which it must be returned.
• The circumstances in which deductions may be made.

Article 10 provides that a landlord may not deduct from the deposit without legitimate grounds other than those agreed in the residential lease contract.

This rule is important because it prevents a landlord from treating the deposit as an unrestricted source of additional income.

The regulation does not establish a single universal deposit amount applicable to every residential lease. The parties should therefore agree on the amount and record it clearly in the contract.

In practice, arrangements such as one month’s rent as a deposit with rent paid in advance are familiar in the residential market, but customary payment structures should not be mistaken for mandatory national law.

5.4 When may a landlord deduct from a deposit?

A landlord may have a contractual basis to deduct amounts where the tenant has failed to perform an agreed obligation.

Examples may include:

• Unpaid rent.
• Unpaid utility charges allocated to the tenant.
• Damage caused by the tenant beyond ordinary use.
• Agreed cleaning or restoration costs where legally enforceable.
• Other clearly specified losses arising from a breach of contract.

The landlord should be able to explain the basis and amount of any deduction.

Ordinary deterioration resulting from reasonable use should not automatically be treated as tenant-caused damage. The condition of the property at the beginning of the lease is therefore important evidence.

5.5 Commercial security deposits

Commercial leases may involve deposits substantially greater than those commonly used in residential arrangements.

The amount is generally negotiated according to the value of the premises, the duration of the lease, the tenant’s creditworthiness and the risks associated with the intended business activity.

Commercial agreements should specify whether the deposit secures rent, service charges, damage, restoration obligations or other liabilities.

The agreement should also state when the deposit must be returned and whether the landlord may apply it to outstanding obligations during the lease.

A commercial tenant should avoid accepting a vague clause allowing the landlord to retain the deposit whenever the landlord considers the property unsatisfactory.

5.6 Utilities, service charges and management fees

A lease should distinguish between rent and other payments.

Residential tenants may be responsible for electricity, water, gas, internet, heating or other consumption-based charges. Property-management fees may be allocated between landlord and tenant according to the contract and applicable arrangements.

Commercial tenants may additionally be responsible for:

• Building-management charges.
• Security services.
• Cleaning.
• Heating and cooling systems.
• Waste disposal.
• Parking.
• Maintenance of common facilities.
• Other building-related service charges.

The contract should identify which expenses are included in the rent and which are separately payable.

Where charges are calculated according to actual consumption or a building-management formula, the tenant should understand how the calculation is made and how supporting records may be checked.

6. Landlord Obligations

6.1 Delivery of the property

Under Article 708 of the Civil Code, the landlord must deliver the leased property to the tenant and maintain it in a condition suitable for the agreed use throughout the lease term.

The obligation concerns more than the physical handover of keys.

The landlord must provide the property in accordance with the contract and ensure that it can lawfully and practically be used for the agreed purpose.

For residential property, this includes compliance with applicable building, fire-safety, gas and other mandatory housing standards.

For commercial property, it includes ensuring that the premises are made available in the condition and configuration agreed by the parties, subject to the relevant approvals and legal requirements.

6.2 Repairs and maintenance

Articles 712 and 713 of the Civil Code establish the general framework for repairs.

Unless the parties agree otherwise, the landlord must perform necessary repairs to the leased property.

The tenant may request that the landlord undertake repairs within a reasonable period. If the landlord fails to do so, the tenant may carry out the necessary repairs and seek reimbursement of the expenses in accordance with the law.

Where repairs interfere with the tenant’s use of the premises, the rent may be reduced correspondingly or the lease period extended.

However, the landlord is not responsible for repairs required because of the tenant’s own fault.

A lease should distinguish between structural repairs, major installations, routine maintenance and damage caused by the tenant.

6.3 Respect for the tenant’s possession and privacy

The landlord must respect the tenant’s lawful possession and use of the property.

Article 708 of the Civil Code requires the landlord to maintain the property for the agreed purpose, while Article 748, in the context of financial leasing, also expresses the principle that a lessor must ensure the lessee’s possession and use of the leased object.

The Housing Rental Regulations establish a more specific rule for residential landlords: a landlord may not enter a rented home without the tenant’s consent unless entry is otherwise legally justified.

This means that ownership does not give a residential landlord an unrestricted right to enter an occupied apartment.

A landlord may reasonably need access for repairs, inspections or emergencies, but the arrangements should respect the tenant’s lawful occupation and the applicable contractual and legal requirements.

6.4 Disclosure of ownership and legal authority

A residential landlord must show identity documents and the property ownership certificate or other evidence establishing lawful authority to rent the property.

The landlord must cooperate with the tenant in legally verifying information concerning the property.

This obligation helps reduce fraudulent rental transactions, including cases in which an intermediary attempts to rent property without the owner’s authority.

For commercial premises, verification is equally important. The tenant should establish whether the landlord is entitled to grant the lease and whether the property may be used for the intended business activity.

6.5 Compliance with safety standards

The Housing Rental Regulations require residential premises to comply with applicable standards concerning construction, fire protection, gas safety and interior decoration.

A landlord may not lawfully rent a property that endangers the safety or health of occupants.

The rules concerning unsuitable spaces are particularly relevant to overcrowded rental arrangements. Kitchens, bathrooms, balconies, corridors, underground storage areas and garages may not be separately rented for residential occupation.

For commercial premises, the relevant safety obligations depend on the type of business. Restaurants, factories, warehouses and public-facing premises may be subject to specific fire-safety, environmental, construction and operational requirements.

The parties cannot use a private lease contract to displace mandatory public-law safety standards.

6.6 Protection against unlawful eviction

Article 12 of the Housing Rental Regulations expressly prohibits landlords from using violence, threats or other unlawful means to force a tenant to terminate a residential lease or vacate the property.

A landlord who believes that a tenant has breached the agreement must use the lawful contractual and judicial or other authorised procedures.

A landlord should not assume that a right to terminate a lease permits the use of physical force, intimidation, removal of belongings or other self-help measures prohibited by law.

This is an important protection for residential tenants, particularly foreign occupants who may be unfamiliar with the local legal system.

7. Tenant Rights and Obligations

7.1 The right to use and enjoy the property

The tenant’s principal right is to occupy and use the property in accordance with the lease.

Article 708 requires the landlord to deliver the property and maintain it in a condition suitable for the agreed use.

The tenant should be able to enjoy the property without unjustified interference by the landlord or other persons whose conduct is attributable to the landlord.

If a third party asserts rights over the property and prevents the tenant from using it, Article 723 of the Civil Code allows the tenant to seek a corresponding reduction or suspension of rent, subject to the circumstances and the statutory requirements. The tenant must notify the landlord of the third party’s claim.

7.2 The duty to pay rent

The tenant must pay rent according to the agreed schedule.

Article 721 of the Civil Code establishes default rules where the parties have not clearly agreed on the payment period.

Article 722 provides that where a tenant fails to pay rent without legitimate reason or delays payment, the landlord may demand payment within a reasonable period. If the tenant still fails to pay, the landlord may terminate the contract.

The statutory framework therefore distinguishes an ordinary delay from a failure to pay that continues after the tenant has been given a reasonable opportunity to perform.

The lease may also establish late-payment consequences, provided that the relevant clauses comply with applicable law.

7.3 Reasonable use and care of the property

Article 709 requires the tenant to use the property according to the agreed method. Where the contract does not specify the method, the nature of the property and the applicable contractual rules help determine the permitted use.

Article 710 provides that a tenant is not liable for ordinary wear and deterioration resulting from use in accordance with the contract or the nature of the property.

However, Article 714 requires the tenant to take proper care of the leased property and provides for liability where damage or loss results from negligent custody.

The tenant should therefore distinguish between normal deterioration and damage caused by misuse, negligence or unauthorised alterations.

7.4 Tenant responsibilities under the Housing Rental Regulations

The 2025 regulation establishes specific duties for residential tenants.

Tenants must:

• Provide identification documents.
• Use the property safely and reasonably.
• Avoid damaging or disabling fire-safety facilities.
• Avoid altering load-bearing structures.
• Avoid unsafe connections to water, electricity and gas installations.
• Obtain the landlord’s consent before changing the permitted use or altering internal facilities or structures.
• Comply with property-management rules.
• Avoid conduct that harms neighbours or other occupants.

These provisions are intended to ensure that residential rental activity does not create risks to the tenant, the building or the surrounding community.

7.5 Improvements and alterations

Article 715 of the Civil Code provides that a tenant may improve the leased property or add facilities with the landlord’s consent.

Where the tenant makes improvements without consent, the landlord may request restoration of the original condition or compensation for the resulting loss.

This issue is particularly important in commercial leases.

A business tenant may need to install partitions, ventilation, specialised equipment, signage, electrical systems or other facilities. The lease should identify which works are permitted, which require written consent and which require administrative approval.

The agreement should also determine who owns the installed improvements and what must happen to them when the lease ends.

7.6 Subletting

Article 716 of the Civil Code allows a tenant to sublet the property with the landlord’s consent.

The original lease between the landlord and tenant remains in force. The original tenant remains responsible for its obligations, including liability for damage caused by the subtenant.

Where the tenant sublets without consent, the landlord may terminate the lease.

Article 718 provides an important qualification: where the landlord knows or should know that the tenant has sublet the property and does not object within six months, the landlord is deemed to have consented.

The parties should nevertheless obtain written consent wherever possible. An informal understanding may lead to disputes over the scope and duration of the permitted sublease.

8. Registration and Filing of Lease Agreements

8.1 Residential lease registration under the 2025 Regulations

The Housing Rental Regulations establish a national obligation to file residential rental contracts with the competent property administration department.

Article 8 requires landlords and tenants to conclude real-name residential rental contracts. The landlord must file the contract through the housing rental management service platform or another prescribed method with the property authority responsible for the location of the rental property.

The filing service must be provided without charge.

Where the landlord fails to complete the filing, the tenant may do so.

This is an important change because it gives the tenant an independent means of ensuring that the rental arrangement is recorded.

The filing requirement is part of the administrative supervision of the residential rental market. It should not be confused with the separate legal question of whether the contract itself is valid.

8.2 Does failure to register invalidate a lease?

No, not automatically.

Article 706 of the Civil Code provides that failure to complete registration or filing required by law or administrative regulation does not affect the validity of the lease contract.

This distinction is fundamental.

A lease may be legally valid between the landlord and tenant even if the required administrative filing has not yet been completed.

However, the parties remain responsible for complying with the applicable registration rules. Failure to do so may create administrative difficulties or expose the responsible party to consequences under the relevant regulations.

The tenant should therefore avoid assuming that the contract is invalid merely because it has not been filed. Equally, the landlord should not treat registration as optional simply because the contract may remain valid without it.

8.3 Registration of commercial leases

Article 54 of the Urban Real Estate Administration Law requires written lease agreements and registration and filing with the competent property administration department.

The exact administrative procedures may vary by locality and type of premises.

For a commercial tenant, registration may be relevant to proving the existence of the lease, establishing the premises used by the business and completing other administrative procedures.

A company should also examine whether the lease documentation is required when applying for a business licence, changing its registered address or completing other regulatory formalities.

The registration of a lease does not itself authorise the tenant to conduct an activity that is prohibited by the property’s land-use classification or applicable business regulations.

8.4 Accommodation registration for foreign tenants

Foreign nationals who rent accommodation in China must distinguish between residential lease filing and immigration-related accommodation registration.

Article 39 of the Exit and Entry Administration Law requires a foreigner staying in a hotel to be registered by the hotel. Where a foreigner resides or stays in accommodation other than a hotel, the foreigner or the person providing accommodation must complete registration with the public security authorities within 24 hours after arrival.

This requirement applies to foreigners staying in rented apartments and other private accommodation.

The obligation is separate from the filing of the lease agreement with the housing administration department.

A foreign tenant should therefore ensure that both relevant procedures are completed where they apply.

As of September 2026, the National Immigration Administration has rolled out online accommodation registration services nationwide. Foreigners and accommodation providers may use the official National Immigration Administration website, the NIA 12367 application, the relevant WeChat mini-program or the Alipay mini-program. The existing offline procedure through local public security authorities remains available.

The online procedure has the same legal effect as registration completed in person.

Failure to complete accommodation registration may result in a warning and, in accordance with Article 76 of the Exit and Entry Administration Law, a fine of up to RMB 2,000.

For foreign tenants, this is one of the most important practical obligations associated with renting a private residence in China.

9. Real-Estate Agents and Housing Rental Enterprises

9.1 The role of rental agencies

Many residential and commercial rental transactions in China involve real-estate agencies.

An agency may introduce the parties, arrange viewings, negotiate commercial terms, prepare documentation and assist with registration.

However, the agency’s involvement does not automatically establish that the person offering the property is authorised to rent it.

The tenant should still verify the landlord’s identity and legal authority.

9.2 Obligations of residential rental brokerage agencies

The Housing Rental Regulations establish specific obligations for agencies engaged in residential rental activities.

Before publishing property information, a brokerage agency must verify and record the identity of the person instructing it, check the property’s ownership information, inspect the property in person and prepare a statement describing the condition of the housing.

The agency must also enter into a brokerage service agreement and retain the relevant documentation in accordance with the applicable rules.

It may not provide brokerage services for housing that fails to satisfy mandatory construction, fire-safety, gas or decoration requirements.

It must also avoid misleading property descriptions, false information and improper disclosure of personal data.

These requirements are intended to improve transparency in the residential rental market and reduce fraudulent or misleading listings.

9.3 Professional housing rental enterprises

A housing rental enterprise is an organisation that conducts rental business using housing it owns or housing over which it has lawfully obtained management or operating rights.

Under the 2025 Regulations, such enterprises must use the relevant housing-rental description in their registered business scope and report their commencement of business to the competent local property administration department within 30 days after obtaining their business licence.

They must maintain appropriate internal records and provide information about their rental housing in accordance with the relevant requirements.

Enterprises engaged in subletting as a business must comply with the prescribed rental-fund supervision arrangements.

These requirements are particularly relevant where a tenant rents through a professional apartment operator rather than directly from an individual owner.

9.4 Avoiding rental fraud

Tenants should be cautious where an agency or intermediary:

• Refuses to identify the property owner.
• Cannot provide evidence of authority to rent.
• Demands payment to an unrelated personal account without explanation.
• Refuses to provide a written contract.
• Offers a property at an implausibly low price.
• Pressures the tenant to pay before inspecting the premises.
• Refuses to provide receipts.
• Claims that registration is unnecessary in every circumstance.

A legitimate intermediary should be able to explain its role and provide appropriate documentation.

10. Residential Lease Agreements: Practical Contractual Issues

10.1 Inventory and condition reports

The parties should document the condition of the property at the beginning of the lease.

An inventory may include:

• Furniture and appliances.
• Heating and cooling equipment.
• Electrical installations.
• Water and gas facilities.
• Doors and windows.
• Flooring and walls.
• Existing damage.
• Keys and access cards.

Photographs and signed inspection records can reduce disputes at the end of the lease.

The condition report is particularly useful when determining whether damage was caused by the tenant or existed before occupation.

10.2 Repairs and emergency situations

The contract should identify the procedure for reporting repairs and the person responsible for arranging them.

For example, a serious water leak, electrical fault or gas problem may require immediate action. The tenant should know how to contact the landlord or property-management service.

The agreement should also clarify whether the tenant may arrange emergency repairs where the landlord cannot be reached and how reasonable costs will be reimbursed.

10.3 Shared accommodation

Where several individuals rent a property together, the contract should identify the tenants and explain their respective responsibilities.

The parties should consider whether each tenant is responsible for the whole rent or only an agreed share.

They should also establish who may occupy the property, whether replacement occupants are permitted and how the deposit is to be handled when one tenant leaves.

The landlord may require consent before a tenant is replaced or another person is permitted to occupy the property.

10.4 Pets and household rules

Residential leases may include provisions concerning pets, smoking, noise, visitors and the use of shared facilities.

Such clauses should be clear and consistent with applicable law and property-management rules.

The Housing Rental Regulations require tenants to comply with property-management rules and prohibit conduct that unjustifiably interferes with the rights of neighbours or other occupants.

10.5 Early termination

A tenant who wishes to leave before the end of a fixed-term lease should examine the early-termination provisions.

The contract may establish a notice period, a termination fee or other agreed consequences.

However, a contractual clause should not be read in isolation. Statutory rights may permit termination in circumstances such as serious defects in the property, unlawful restrictions on use or other legally recognised grounds.

The tenant should not simply abandon the property without addressing the contractual consequences.

11. Commercial Property Leases: Additional Legal and Business Considerations

11.1 Permitted use and business licensing

A commercial tenant must establish that the premises may lawfully be used for the intended activity.

For example, a retail unit may be suitable for a shop but not necessarily for a restaurant, clinic, warehouse or manufacturing operation.

A restaurant may require compliance with food-safety, fire-safety, environmental and other operational requirements. An industrial tenant may need additional approvals relating to environmental protection, production and workplace safety.

The landlord’s willingness to permit a particular use does not replace the necessary administrative approvals.

11.2 The landlord’s title and authority to lease

A commercial tenant should examine the property registration documents and establish whether the landlord has the right to grant the proposed lease.

Where the landlord is a company, the tenant should verify its registration details and the authority of the person signing the agreement.

Where the property is sublet, the tenant should establish whether the original landlord has consented to the subletting and whether the proposed term falls within the original lease.

11.3 Fit-out works and improvements

Commercial tenants frequently need to adapt premises to their business requirements.

The lease should address:

• The permitted scope of renovation.
• Responsibility for design and construction costs.
• Approval procedures.
• Responsibility for obtaining permits.
• Ownership of installed equipment.
• Structural and non-structural alterations.
• Insurance during construction.
• Restoration at the end of the lease.

Article 715 of the Civil Code requires the landlord’s consent for improvements or additions by the tenant. Commercial contracts should therefore avoid relying on informal discussions where significant investment is involved.

11.4 Rent-free periods and operating costs

Commercial leases may provide a rent-free period to allow the tenant to complete renovation and prepare the premises for business.

The agreement should specify whether service charges, utilities and other costs remain payable during that period.

The parties should also establish when rent begins: on the date of delivery, the date of completion of fit-out works, the date of opening or another agreed date.

A clear distinction between possession, rent commencement and the start of business operations can prevent disputes.

11.5 Business interruption and landlord default

A commercial tenant may suffer substantial financial loss if the landlord fails to provide premises suitable for the agreed business purpose.

The contract should address the consequences of delayed delivery, interruptions to utilities, serious building defects, unlawful restrictions on access and failures to obtain required approvals where responsibility rests with the landlord.

The parties may agree on rent reduction, extension of the lease, compensation or termination in specified circumstances, subject to the applicable law.

11.6 Change of ownership and continuity of the lease

Article 725 of the Civil Code establishes the principle commonly described as sale does not break lease.

Where ownership of the leased property changes during the lease, the existing lease generally remains effective.

The purchaser of the property must respect the tenant’s rights under the lease, subject to the statutory exceptions and the legal circumstances of the transaction.

This principle is important for commercial tenants because it reduces the risk that a landlord can simply sell the property and require the tenant to leave before the agreed expiration date.

However, tenants should still verify whether the lease has been properly concluded and whether any registration or other formalities are relevant to protecting their position.

12. Termination of Lease Agreements

12.1 Expiration of the agreed term

A fixed-term lease normally ends when the agreed period expires.

The parties may renew it, enter into a new agreement or allow the tenant to remain in possession under circumstances that may result in an indefinite-term lease.

The contract should establish how much notice must be given where either party does not intend to renew.

12.2 Termination by agreement

The landlord and tenant may agree to terminate the lease before its expiration.

The termination agreement should identify:

• The effective termination date.
• The date on which the tenant must vacate.
• Outstanding rent and other charges.
• The condition in which the property must be returned.
• The amount of the deposit to be refunded.
• Any agreed compensation.
• The arrangements for handover of keys and access devices.

A written termination agreement reduces the risk of later disputes about the parties’ respective obligations.

12.3 Termination for breach of contract

A serious breach may give the other party the right to terminate the lease.

For example, the landlord may have grounds to terminate where the tenant persistently fails to pay rent after being given the required opportunity to perform.

A tenant may have grounds to terminate where the landlord fails to deliver the property, refuses to perform necessary repairs or otherwise substantially interferes with the tenant’s contractual use.

The Civil Code also establishes general grounds for termination under Article 563.

The precise consequences depend on the nature of the breach, the terms of the lease and the applicable statutory provisions.

12.4 Circumstances in which the tenant may terminate

Article 724 of the Civil Code identifies situations in which a tenant may terminate a lease where the property cannot be used for reasons not attributable to the tenant.

These include:

• The property being lawfully sealed or seized by a judicial or administrative authority.
• A dispute over the ownership of the property.
• The property violating mandatory legal requirements concerning conditions of use.

The provision is important because a tenant should not be expected to continue paying rent for premises that cannot lawfully be used for the agreed purpose because of circumstances beyond the tenant’s responsibility.

Other grounds for termination may arise under the general rules of contract law or the particular terms of the agreement.

12.5 Unlawful eviction and self-help measures

A landlord cannot assume that a dispute over rent or another contractual obligation authorises unlawful eviction.

For residential leases, Article 12 of the Housing Rental Regulations expressly prohibits violence, threats and other illegal methods of forcing a tenant to leave.

Changing locks, removing belongings or cutting essential services may raise serious legal issues depending on the circumstances.

Where a landlord has a lawful right to terminate, the appropriate procedures must still be followed.

12.6 Handover at the end of the lease

The tenant should return the property in accordance with the contract and the applicable legal standards.

The parties should conduct a final inspection, record the condition of the premises, settle outstanding charges and agree on the return of the deposit.

The landlord should identify any proposed deductions and provide a contractual basis for them.

For commercial premises, the handover may also involve removing equipment, restoring alterations, transferring access cards and completing the agreed reinstatement works.

13. Foreign Tenants Renting Property in China

13.1 Can foreign nationals rent apartments in China?

Foreign nationals may generally rent residential accommodation in mainland China, subject to applicable immigration, public-security and rental requirements.

A foreigner does not need to own property or hold permanent residence status merely to enter into an ordinary residential lease.

The landlord must nevertheless verify the tenant’s identity and comply with the real-name contracting requirements under the Housing Rental Regulations.

The foreign tenant should ensure that the rental arrangement is properly documented and that the property can lawfully be used as residential accommodation.

13.2 Accommodation registration within 24 hours

The most important additional requirement for foreign tenants is accommodation registration.

Under Article 39 of the Exit and Entry Administration Law, a foreigner staying in accommodation other than a hotel must ensure that the required registration is completed within 24 hours after arrival.

The obligation may be fulfilled by the foreigner or by the person providing the accommodation.

The tenant should not assume that the landlord has automatically completed the registration merely because a lease has been signed.

The foreigner should obtain confirmation that registration has been completed and retain the relevant record.

13.3 Online registration services

The National Immigration Administration has rolled out online accommodation registration nationwide since 21 September 2026.

The available channels include:

• The official National Immigration Administration government website.
• The NIA 12367 application.
• The NIA 12367 WeChat mini-program.
• The Alipay mini-program.

The traditional offline procedure through local public security authorities remains available.

The online registration has the same legal effect as registration completed in person.

A foreign tenant should use the official service and follow the instructions for the locality concerned. The required documents may include passport information and proof of the residential address, such as the property ownership certificate or lease agreement.

13.4 Residence registration and immigration status

A residential lease does not grant a foreign national the right to remain in China beyond the period authorised by the person’s visa or residence permit.

The tenant must comply with the immigration conditions applicable to their stay.

A change of residential address may also require attention to the foreigner’s accommodation-registration record and, depending on the circumstances, other immigration-related procedures.

The tenant should not confuse the validity of a lease with permission to reside in China.

13.5 Can a foreign company rent premises for its employees?

A foreign-invested enterprise or another legally established company in China may rent residential accommodation for employees, subject to the relevant contractual and administrative requirements.

The lease should clarify whether the company or the employee is the contractual tenant and who is responsible for payment, damage and other obligations.

Where a foreign employee occupies the premises, the applicable accommodation registration requirements must still be observed.

13.6 Foreign companies renting commercial premises

Foreign-invested companies may rent office, retail, warehouse and other commercial premises for authorised business activities.

The lease should be consistent with the company’s registered business scope and the legal use of the premises.

A company should verify the landlord’s authority, the property registration, the permitted use, the necessary safety approvals and the administrative requirements relevant to the business.

The rental of an office does not itself authorise a company to conduct regulated activities that require additional licences or approvals.

14. Disputes Between Landlords and Tenants

14.1 Common causes of disputes

Property rental disputes in China may arise from:

• Non-payment or late payment of rent.
• Disagreement over security deposits.
• Failure to perform repairs.
• Damage to the premises.
• Unauthorised alterations.
• Unlawful subletting.
• Interference with the tenant’s possession.
• Early termination.
• Failure to deliver the property.
• Disputes over utility or management charges.
• Disagreement about the permitted use of the premises.
• Refusal to return the property or deposit at the end of the lease.

The nature of the dispute determines the applicable legal provisions and available remedies.

14.2 Negotiation

Negotiation is often the most practical first step.

The parties may resolve a disagreement through written communication, a meeting or a formal demand identifying the contractual obligation that has not been performed.

A tenant disputing a deposit deduction should request an explanation and supporting evidence. A landlord seeking unpaid rent should identify the outstanding amounts and the contractual basis for payment.

Written records are particularly important where one party is a foreign national or where the parties communicate through intermediaries.

14.3 Mediation

The parties may use mediation to resolve a dispute without commencing court proceedings.

Depending on the locality and the nature of the dispute, mediation may be available through community organisations, people’s mediation committees or other recognised mechanisms.

Mediation is voluntary in many ordinary rental disputes, but it may be useful where the parties wish to preserve an ongoing landlord-tenant relationship.

14.4 Litigation

Where negotiation and mediation fail, a party may bring a civil action before a competent people’s court.

The court will examine the lease agreement, payment records, communications, registration documents and other evidence.

Potential remedies may include:

• Payment of outstanding rent.
• Return of the security deposit.
• Compensation for damage.
• Performance of contractual obligations.
• Reduction of rent where legally justified.
• Termination of the lease.
• Compensation for losses caused by breach.

The applicable court jurisdiction may depend on the location of the property, the nature of the claim and the relevant procedural rules.

14.5 Arbitration

The parties may agree to submit contractual disputes to arbitration where the dispute is arbitrable and the arbitration agreement satisfies the relevant legal requirements.

An arbitration clause should identify the arbitral institution or provide a sufficiently clear mechanism for determining the arbitration forum.

For commercial leases involving substantial financial commitments, arbitration may be considered as an alternative to litigation.

However, a clause that merely states that disputes will be referred to arbitration without adequately identifying the agreed mechanism may create uncertainty.

14.6 Evidence and documentation

Both landlords and tenants should preserve:

• The signed lease agreement.
• Any amendments or renewal documents.
• Proof of rent and deposit payments.
• Receipts and utility records.
• The initial and final inspection reports.
• Photographs and videos.
• Repair requests and responses.
• Notices of breach or termination.
• Registration records.
• Communications with agencies and property managers.

The ability to establish what was agreed and how the parties performed their obligations is often decisive in a rental dispute.

15. Practical Checklist Before Renting Property in China

A prospective tenant should conduct basic legal and practical checks before paying a deposit or signing a lease.

Verify the landlord. Check the landlord’s identity and legal authority to rent the property. Where an agent is involved, establish the agent’s role and authority.

Inspect the property. Confirm that the property is suitable for the intended use and meets the relevant safety and legal requirements.

Check the permitted use. Determine whether the property is legally residential or commercial and whether the proposed activity is permitted.

Read the contract carefully. Confirm the address, term, rent, payment dates, deposit, utilities, maintenance obligations and termination provisions.

Clarify the deposit. Establish the amount, refund date and circumstances in which deductions may be made.

Record the property’s condition. Prepare an inventory and retain photographs of existing defects and equipment.

Confirm registration obligations. For residential leases, ensure that the contract is filed as required. Foreign tenants must also complete accommodation registration.

Check subletting and alterations. Obtain written consent where required.

Understand the exit procedure. Establish the notice period, restoration obligations, final inspection and deposit-return process.

For commercial premises, the tenant should additionally verify that the building is suitable for the proposed business, that the landlord can lawfully lease it and that all required approvals can be obtained.

16. Key Takeaways

1. The Civil Code governs the general law of leases. Articles 703–734 establish the principal rights and obligations of landlords and tenants.
2. Residential leasing has an additional national regulatory framework. The Housing Rental Regulations 2025 entered into force on 15 September 2025.
3. Residential and commercial leases are not identical. Residential tenants benefit from additional housing-specific protections, while commercial tenants must pay particular attention to permitted use, fit-out works and business operations.
4. Leases exceeding six months should be in writing. Article 707 of the Civil Code establishes this requirement.
5. The maximum lease term is 20 years. Any portion exceeding that period is invalid, although the parties may renew the agreement for a further period of up to 20 years.
6. Residential lease contracts must be filed. Under the 2025 Housing Rental Regulations, landlords must complete the required filing, but tenants may do so if the landlord fails to act.
7. Failure to register does not automatically invalidate the lease. Article 706 of the Civil Code distinguishes contractual validity from administrative filing obligations.
8. Deposits must be regulated by the contract. Residential landlords may not make unjustified deductions outside the agreed contractual circumstances.
9. Landlords have repair and safety obligations. They must deliver and maintain the property in accordance with the contract and applicable mandatory standards.
10. Tenants must use the property reasonably. They must pay rent, protect the premises, respect permitted-use restrictions and obtain consent for alterations or subletting where required.
11. Landlords cannot use unlawful eviction methods. The Housing Rental Regulations expressly prohibit violence, threats and other unlawful methods of forcing residential tenants to leave.
12. Foreign tenants must complete accommodation registration. Registration must be completed within 24 hours after arrival at accommodation other than a hotel.
13. Online accommodation registration is now available nationwide. The National Immigration Administration rolled out the service nationwide from September 2026, while retaining offline procedures.
14. Commercial leases require additional due diligence. The tenant should verify the landlord’s authority, the property’s permitted use and the approvals needed for the intended business.
15. Documentation is essential. Contracts, receipts, photographs, inspection reports and registration records are important evidence if a dispute arises.

17. Frequently Asked Questions

1. Can foreigners rent an apartment in China?

Yes. Foreign nationals may generally rent residential accommodation in mainland China, subject to the applicable rental and immigration requirements. The landlord must verify the tenant’s identity, and the foreign tenant must comply with accommodation-registration rules.

2. Does a lease agreement have to be written?

A lease exceeding six months must be in writing under Article 707 of the Civil Code. Even for shorter arrangements, a written agreement is strongly preferable because it provides evidence of the rent, term, deposit and other obligations.

3. What is the maximum lease term in China?

The maximum term under Article 705 of the Civil Code is 20 years. Any period exceeding 20 years is invalid. The parties may renew the lease for another period not exceeding 20 years from the date of renewal.

4. Is a residential lease required to be registered?

Yes. The Housing Rental Regulations 2025 require residential lease contracts within their scope to be filed with the competent property administration department. The landlord is responsible for filing, but the tenant may do so if the landlord fails to complete it.

5. Is an unregistered lease invalid?

No. Article 706 of the Civil Code provides that failure to complete required lease registration or filing does not affect the validity of the contract. Nevertheless, the parties must still comply with the applicable administrative requirements.

6. How much deposit can a landlord request?

There is no single universal national deposit amount for every ordinary private residential lease. The amount should be agreed in the contract. The 2025 Housing Rental Regulations require the contract to specify the amount, the refund time and the circumstances in which deductions may be made.

7. Can a landlord refuse to return the deposit?

A landlord may make deductions where the contract and applicable law provide a legitimate basis, such as unpaid rent or damage caused by the tenant. The landlord may not make unjustified deductions outside the agreed contractual circumstances.

8. Can a landlord enter a rented apartment without permission?

The 2025 Housing Rental Regulations provide that a landlord may not enter a rented residential property without the tenant’s consent unless entry is otherwise legally justified. A landlord’s ownership does not create an unrestricted right of access.

9. Who is responsible for repairs?

Under Articles 712 and 713 of the Civil Code, the landlord is generally responsible for necessary repairs unless the parties agree otherwise. The tenant may arrange necessary repairs in certain circumstances where the landlord fails to act, subject to the statutory conditions.

10. Can a tenant sublet an apartment?

A tenant may sublet with the landlord’s consent under Article 716 of the Civil Code. Unauthorised subletting may give the landlord grounds to terminate the original lease.

11. Can a landlord terminate a lease because the property has been sold?

Generally, no. Article 725 of the Civil Code establishes that a change of ownership during the lease does not normally affect the validity of the existing lease. The new owner must generally respect the tenant’s rights under the agreement.

12. Must a foreign tenant register their address with the police?

Yes. Under Article 39 of the Exit and Entry Administration Law, a foreigner staying in accommodation other than a hotel must ensure that accommodation registration is completed within 24 hours after arrival. The tenant or the accommodation provider may complete the procedure.

13. Can foreign tenants register their accommodation online?

Yes. The National Immigration Administration has rolled out online accommodation registration nationwide since 21 September 2026. Registration may be completed through official NIA online services, including the NIA 12367 application and the relevant WeChat and Alipay mini-programs. Offline registration remains available.

14. Can a residential apartment be used as a business premises?

Not automatically. The permitted use of the property, planning rules, building requirements and applicable business regulations must be examined. A landlord’s consent alone does not authorise an activity prohibited by law or the property’s approved use.

15. Can a commercial tenant terminate a lease early?

The answer depends on the contract and applicable law. Early termination may be possible by agreement, under a contractual termination clause or where statutory grounds exist. A tenant should not assume that it can leave without financial consequences simply because the business is no longer profitable.

16. What happens if the landlord refuses to repair serious defects?

The tenant may request repairs under Article 713 of the Civil Code. If the landlord fails to perform the necessary repairs within a reasonable period, the tenant may in appropriate circumstances arrange the repairs and seek reimbursement. Where the defects substantially prevent lawful use, additional contractual or statutory remedies may be available.

17. Does a rental agreement give a foreigner the right to remain in China?

No. A lease is a civil contract and does not grant immigration permission. Foreign nationals must continue to comply with the conditions and duration of their visas or residence permits.

18. Principal Legal Sources and Further Reading

The following sources provide the principal legal basis for understanding residential and commercial property leasing in China.

Civil Code of the People’s Republic of China

• Civil Code of the People’s Republic of China – Cyberspace Administration of China. The principal national legislation governing lease contracts, including Articles 703–734.
• Civil Code – State Administration for Market Regulation. The official Chinese text of the Civil Code, including provisions on lease duration, repairs, subletting, termination and the return of leased property.

Housing Rental Regulations 2025

• Housing Rental Regulations – National Administrative Regulations Database, Ministry of Justice. The official text of State Council Decree No. 812, effective from 15 September 2025.
• China Unveils Regulations on Housing Rental Sector – State Council of China. An English-language government explanation of the new national residential rental framework.
• Housing Rental Regulations – Ministry of Ecology and Environment. The official regulatory text, including landlord and tenant obligations, deposit arrangements and registration requirements.

Urban Real Estate Administration Law

• Law of the People’s Republic of China on the Administration of Urban Real Estate – State Administration for Market Regulation. Articles 53–56 address housing leases, written contracts, registration and the distinction between residential and commercial rental arrangements.

Foreigners’ accommodation registration

• Exit and Entry Administration Law of the People’s Republic of China – National Immigration Administration. Includes Article 39 on accommodation registration and Article 76 on legal consequences for failure to comply.
• Notice on Accommodation Registration for Foreigners Residing or Staying in Domiciles Other Than Hotels – National Immigration Administration. The September 2026 announcement of nationwide online accommodation registration services.
• Guide to Accommodation Registration for Foreigners in Beijing – Beijing Municipal Government. An example of local documentation and registration procedures for foreign residents.

Conclusion

Renting residential or commercial property in China involves more than reaching agreement on the amount of rent and the date on which the tenant may move in. The legal relationship is governed by a structured framework that combines the general rules of the Civil Code with specialised residential regulations, urban property legislation and local administrative requirements.

The Civil Code provides the foundation for lease formation, duration, payment, maintenance, subletting and termination. The Housing Rental Regulations 2025 strengthen the residential framework by establishing clearer obligations concerning housing standards, real-name agreements, registration, deposits, landlord access and the conduct of rental businesses. Commercial leases remain more dependent on contractual negotiation, but the permitted use of the premises and the relevant safety, planning and business requirements remain essential.

For tenants, the most important safeguards are verifying the landlord’s authority, inspecting the property, obtaining a clear written agreement, documenting the deposit and ensuring that the property is suitable for its intended use. For landlords, compliance with registration, maintenance, safety and contractual obligations is essential to the lawful operation of the rental relationship.

Foreign nationals must pay particular attention to accommodation registration. A valid lease does not replace the immigration-related requirement to register a private residential address within 24 hours after arrival. The nationwide availability of online registration services since September 2026 makes the procedure more accessible, but the underlying legal obligation remains.

Commercial tenants and foreign-invested businesses should conduct additional due diligence concerning property classification, permitted business activities, renovation rights, operational approvals and the consequences of early termination. A commercial lease can represent a substantial financial commitment, and the contract should allocate responsibilities with sufficient precision.

Ultimately, the safest approach to renting property in China is to treat the lease as both a private contract and an arrangement operating within a wider regulatory system. Understanding that distinction helps landlords, tenants, foreign residents and businesses protect their rights while complying with the legal and administrative requirements governing China’s rental market.

Educational disclaimer: This article provides general legal information for educational purposes. It is not individual legal advice and does not replace advice from appropriately qualified professionals familiar with the applicable Chinese national and local rules. Landlords, tenants and foreign businesses should verify current local requirements before entering into or terminating a lease.