Finding an apartment to live in is a top consideration for everyone living in China. However, landlord-tenant conflicts are becoming increasingly common. So, let's have a look at what a renter should look out for while renting an apartment.
1. Landlord's responsibilities:
To maintain the rental property habitable, a landlord must make repairs and perform maintenance on a timely basis. A livable property has appropriate heating, water, electricity, cleanliness, and structural integrity.
If a landlord fails to undertake essential repairs or maintenance after receiving a request from a tenant, the tenant may be able to have them done themself after getting a notice. Their rent should be reduced by all reasonable costs.
Tenant priority:
1. If the landlord transfers ownership of the property to a third party, the lease contract will remain in effect until it expires;
2. The landlord must notify the tenant in writing three months prior to the sale of the property, and the tenant will have first priority to purchase the property under the same conditions.
In terms of the deposit
it's extremely normal for a landlord to want two months' rent as a down payment. If the apartment, all household belongings, and household appliances are in good shape, and all costs are paid before the renter moves out, the landlord will return the deposit to the tenant. However, one annoyance for the renter is that the landlord may occasionally come up with a variety of arguments to withhold the deposit.
My recommendation is for the renter to vacate the premises first, even if the money has not been returned. If they continue to live in the flat, the landlord will have more reasons to hold the deposit and charge further costs. The renter has the option of keeping the keys and attempting to bargain with the landlord. If it doesn't work, you may always launch a lawsuit.
Remember:
1. Include a provision stating "who will pay the legal expenses" and stating that the losing party will reimburse the winning party for the attorney fees. You won't have to worry about attorney bills this way.
2. After settling in, the renter should change the lock on the door to ensure that they are the only ones with the keys.
3. The renter should be aware that in China, the landlord is not required to get property insurance, therefore they must exercise caution. The renter is responsible for any losses resulting from non-natural disasters such as fire, electricity, and gas caused by reckless or incorrect use of fire.
4. The renter shall follow the norms and regulations in the residential area and pay all bills on time, including water, electricity, gas, fiber optics, phone, property management, and other charges.
5. The tenant has no authority to sublease the unit or modify the construction of the apartment without the landlord's prior written consent.
6. The tenant must take appropriate care of the house's facilities, and they will be held liable for any losses or damages incurred by the landlord as a result of their negligence.