Part One of a four-part series: Individual Rentals / Corporate Rentals / Individual Purchases / Corporate Purchases
Last updated: September 29, 2026. Always defer to local requirements at the time you apply.
I. Who this guide is for
This article is for foreign friends who are not yet familiar with mainland China and plan to rent and live in a home by themselves. If you need office space, or you (or a company under your name) intend to purchase property, our later articles arrive very soon.
So who can rent in China? Almost anyone. Anyone with a valid passport and a lawful stay status (valid stay)—for study, employment, visiting family, or tourism—can sign a housing lease.
What actually tends to cause trouble comes down to three things: language (listings and communication are mainly in Chinese), payment (rent, utilities, internet, and similar charges must be paid in RMB), and your rights and obligations under mainland China’s legal framework (for example, completing accommodation registration within 24 hours of move-in—hotels handle this for you automatically; if you rent on your own, it’s on you).
One red line, up front: a home you rent to live in cannot simultaneously be used for business. Using residential property for commercial purposes involves a separate set of rules. Feel free to contact us.
II. What to prepare before you start
Documents. A valid passport plus a valid visa or residence permit. Pay attention to how your passport’s expiration date lines up with the lease term.
Money: RMB only. The RMB is the sole legal currency in mainland China. Foreign currency may not circulate or be used for pricing and settlement inside China. Rent, security deposit, and agency fee are all paid in RMB; cash transactions in foreign currency are not permitted in mainland China.
Payment tools. Alipay and WeChat Pay already support linking overseas bank cards, so you can pay even if you have just arrived and haven’t opened a local account. A local bank account is still recommended (you’ll need it for salary deposits and larger transfers)—but you do not need to wait until your account is set up to sign a lease.
Budget. Standard market practice is “one month’s deposit plus three months’ rent upfront” (押一付三); on signing day plus the agency fee, to be safe, set aside roughly 4 to 5 months’ rent in total. How much is that, in money? Refer to listings from agencies in your city and neighborhood—anywhere from a few thousand RMB to tens of thousands is possible; it really depends on you.
Language: honestly, this is a real barrier. Leases are almost always in Chinese; even when a bilingual contract is signed, the contract will usually provide that the Chinese version prevails. So the move is not to pretend you understand it, but to take two steps: first, prioritize the official model contract from the local authorities (these offer a baseline of fairness; see Step 3 for how to get one); second, you can use AI in advance to translate the key clauses clearly—yes, you should use AI as a tool, with a few caveats:
On using AI for help: Using AI to translate official model contracts and explain unfamiliar clauses is entirely fine, and we do recommend it. But please keep in mind: AI translation is for reference only; the Chinese original prevails; AI may cite outdated or non-existent legal provisions and cases (the hallucination problem), and may not fully understand China’s legal system and civil-law tradition; if you have doubts about any key clause—amounts, deadlines, liquidated damages—or any more complex legal issue, ask your agent first, and of course you are always welcome to contact us.
III. The rental process
Step 1|Where to find listings and landlords
In general, mainland rental channels break down as follows:
| Channel | Language | Fees |
|---|---|---|
| Branded rental companies such as Ziroom/自如 (signed directly with the company) | Mainly Chinese | Monthly rent typically has a premium, plus a service fee |
| Beike/贝壳 Lianjia/链家 (agency platform) | Mainly Chinese | Agency fee commonly one month’s rent, negotiable |
| Classifieds platforms such as 58.com/58同城 | Mainly Chinese | Agency fee or other charges |
| Xiaohongshu/小红书, WeChat groups/微信群 | Mainly Chinese | No agency fee (direct from the landlord) |
| Foreign-oriented agencies | Foreign-language staff available | Case by case, around 0.5 month’s rent—industry is not uniform |
Before contacting any agent, let’s get familiar with two recurring traps:
Beware listings priced noticeably below market. A low-priced great-looking unit gets posted, and once you reach out you’re told “just rented,” or “the landlord raised the price,” then steered to something more expensive. If a listing is clearly below normal levels for the same compound, it’s worth asking why. It is unlawful for housing rental enterprises to publish false or misleading listing information.
Be highly cautious about “viewing fees.” Look-before-you-sign is the norm; any requirement to pay a “viewing fee” (带看费) or “information fee” before seeing the property has been flagged as a classic scam in public legal-education materials from multiple local governments. For any charge before signing, ask clearly what it’s for and get it written into a fapiao/invoice.
Step 2|Viewings: two checklists
Once you’ve found a property you’re interested in and contacted an agent or landlord, they will usually walk you through. This part is roughly the same as in other countries. We recommend checking the property and the counterparty at this stage to rule out larger risks before signing, and to get a fuller picture of what will become your home.
Part one: The property
The property’s own hardware and software (practical know-how): water pressure, heating and cooling air conditioning, soundproofing, nighttime environment, mobile signal (test it inside the unit if you plan to work from home), and whether electricity, water, and gas are billed at residential or commercial rates. Confirm whether furniture and appliances come with the unit or whether you need to bring your own. One small tip here: ask about the energy consumption of appliances such as the air conditioner and water heater—if they’re terrible, you should mentally brace yourself for a heftier utility bill.
Cost responsibility: clarify in person. Who covers heating fee (in the north, central heating is a sizeable seasonal expense) and property management fee; whether water, electricity, gas, and broadband require a new account or a transfer, who handles it, and who pays—local habits differ; for anything not spelled out in writing, ask verbally before signing and have it added to the contract.
Whether the property itself can be lawfully rented out. The Housing Leasing Regulation/《住房租赁条例》 (State Council Regulation No. 812, effective Sept 15, 2025), which took effect in September 2025, requires rental housing to meet mandatory standards for construction, fire safety, gas, and interior finishing; non-residential spaces such as kitchens, bathrooms, balconies, corridors, basement storage rooms, and garages may not be rented out separately for habitation, and violations are subject to fines. Therefore a “partitioned room” (隔断房, a subdivided unit created by adding interior partitions) or “kitchen converted into bedroom” is not just poor quality, it is a clear violation—when you see one, skip it.
Whether the property’s planned use is residential. We recommend renting residential property. China’s water and electricity tariffs are split between commercial and residential use, and the price difference is huge; if you end up renting commercial space repurposed as lodging, your utility bills may not be pretty.
Part two: The counterparty
The agent: are they really an agent? Many cities’ housing authorities publish agent filing information or risk lists on their official websites—Beijing’s housing authority website, for example, has a dedicated “I am a Tenant” page and regularly publishes risk-warning lists for brokerage firms; in cities such as Guiyang, agency storefronts display QR codes you can scan to verify identity. Spend a minute before signing to check your local housing authority’s website; if you can’t find the name, ask the agent to show a business license. Chinese law prohibits practitioners of housing rental brokerage firms from taking on rental brokerage business in their own personal name—so if someone says they are a legitimate agent but won’t process your business through a company, be careful. In short, anyone asking you to pay an agency fee to a personal WeChat or personal account is a red flag.
Verify the right to lease: does the person signing have the authority to rent the home to you? Handle four cases:
- The property owner in person: the ID and the property ownership certificate (real estate certificate) match in name;
- A close relative of the owner (spouse, parent, child): ask them to show proof of relationship, or to provide the owner’s written consent;
- An agent: present a written power of attorney (POA);
- A company (branded rental firms such as Ziroom): the landlord on the contract should be the company itself; sign and pay through its official app or stores, never through private transactions with anyone claiming to be an employee.
This is not nitpicking—at the very least, you need to know your hard-earned money is going to someone who can actually give you the home.
One more note: if you need a fapiao (official tax invoice) for reimbursement, raise it during viewings. The simplest approach: at the viewing, ask “Can you issue a fapiao?” Use the answer as a filter when choosing your property, not a fight after you’ve signed.
Step 3|Signing
We recommend the official model contract from your local authorities. The relevant national authorities have issued model housing lease contracts. Two specific entry points: the “Contract Model Library” website of the State Administration for Market Regulation (htsfwb.samr.gov.cn, where you can search for housing lease contract templates from multiple regions); in 2025, the State Administration for Market Regulation officially issued the Urban Housing Lease Contract (Model Text)/《城镇房屋租赁合同(示范文本)》. When signing, you can ask directly: use the official model contract, and make sure you get the latest version.
One principle up front: contractual agreement prevails. A contract is the product of mutual consent—by mutual consent, a contract may be concluded, changed, or terminated. So many of the “rules” mentioned below (notice periods, repair responsibilities, liquidated damages amounts) are default back-ups for when the contract is silent; where the contract speaks, the contract governs. This also means: you have room to negotiate—rent, security deposit, payment schedule, early-termination arrangements; once agreed, write them into the contract or otherwise keep proof of mutual agreement, and they are your rights.
Six items that must be in the contract:
| Item | Key content |
|---|---|
| Lease term | Start and end dates; statutory cap of 20 years |
| Rent and payment | Amount (in RMB), payment date, payment method, fapiao arrangements |
| Security deposit | The deposit amount, when it is returned, and under what conditions deductions may be made—these three elements are required by regulation to be specified |
| Repair responsibilities | Which items, who fixes them, and how quickly (default is the landlord repairs, but the contract may provide otherwise, so check) |
| Early termination | What it costs for you to go; conditions under which the landlord can take the unit back; notice period |
| Subletting | Whether the landlord’s written consent is required (default: written consent is required) |
Put verbal promises in writing—right at signing. WeChat records can serve as evidence, but proving their weight is more costly: anything you can put into the contract at signing, don’t leave to chat history. Handwritten supplementary terms on the contract are equally valid; if the landlord later claims they were added afterward, that is on the landlord to prove. Practical tip: retain key WeChat conversations.
Watch out for clauses like these: “Verbal promises are invalid,” “Online advertisements do not count,” and “Disputes must be brought in the court where the landlord is located” appearing together; deposit clauses that say only “deposit non-refundable if you terminate early”; “service fees” or “management fees” charged outside the contract without corresponding clauses; the landlord reserving “the right to raise rent at any time” or “to reclaim the unit at any time.” Demand they be modified or deleted; if they refuse, that itself is a warning sign, and we suggest moving on to another listing.
If you’re not using the official model contract: there is no baseline protection for fairness. Don’t grind through a Chinese contract clause by clause alone—have a trustworthy local friend review it. For large amounts or complex terms, feel free to contact us directly.
A bonus point: lease registration/合同备案 (filing). Not registering does not affect the validity of the contract; but filing has a publicity effect—in disputes over the same unit being rented out twice, the tenant who filed has priority over one who did not. Long leases, large amounts, or whenever you want extra peace of mind—it’s worth doing. If you want to file, follow this funnel: when you sign through an agent, the agent handles the filing; if the agent can’t or you’re renting direct from the landlord, ask the landlord to file; if the landlord won’t cooperate, the tenant can apply directly to the local housing authority. Procedures vary by location; ask one extra question at signing.
Step 4|Payment
A few rules of thumb on payment itself:
Keep transfer records; refuse cash. Keep bank receipts and transfer screenshots, and note the purpose clearly in the memo line, such as “XX apartment security deposit” or “XX month rent.” In a dispute, these records are your evidence. Keep your original phone and chat history; don’t delete conversations; don’t uninstall WeChat.
Pay the landlord named on the contract. The Housing Leasing Regulation makes clear that housing rental brokerage firms may not collect or disburse rent and security deposits on behalf of others—if an agent says “transfer to us first and we’ll pass it to the landlord,” politely but firmly decline.
Agency fee is negotiable. There is no statutory rate; market practice is roughly half a month’s to one month’s rent, varying by city and firm; the actual signed agreement governs.
Beware “rent installment loans.” Some agencies push “rent installment” plans that are loans taken out in your name: the interest and fees often add up to a lot; the application process requires handing over sensitive ID like your passport; if there’s any delinquency or if the agency disappears, the collection calls and disputes will come straight to you. Before signing any “installment rent” document, ask clearly: is this a loan?
Step 5|Move-in and registration: complete within 24 hours
This is the most rigid step in the whole process and the easiest to miss: when a foreigner stays at a residence other than a hotel, within 24 hours of move-in, the person themselves or the host must complete accommodation registration (临时住宿登记) with the public security authority at the place of stay. Failure to register carries a warning and may also incur a fine of up to RMB 2,000. Pay special attention: re-register every time you change residence, leave and re-enter the country (including Hong Kong and Macao), or renew your documents.
Good news: it can now be done online. The National Immigration Administration (NIA) announced that, starting September 21, 2026, online accommodation registration for foreigners staying outside hotels will be rolled out nationwide—through the NIA government service website, the “NIA 12367” app, WeChat or Alipay mini-programs, with the same effect as in-person registration; offline channels remain available. When staying in someone else’s rented home, the host may handle it on the tenant’s behalf; if online filing doesn’t work, go to the local police station in person.
Required materials (subject to actual processing requirements): passport, lease contract, and landlord’s ID documents.
We suggest writing “landlord’s cooperation with accommodation registration” into the contract. Landlords already carry registration duties of their own—under the Beijing Housing Leasing Regulation, for example, the landlord must file the tenancy with the authorities within three working days of signing, and update it within two working days if the occupants change. Putting the tenant’s accommodation registration alongside that duty in the contract gives you a written basis to ask for cooperation, rather than a favor to request.
Photos/videos: Record a video and take photos of the entire unit; capture the water, electricity, and gas meter readings. This is your reference point for move-out: whether you damaged the unit and its fixtures, and how much water and electricity you used—everything hinges on it.
Step 6|Move-out
Talk first. A contract may be terminated by mutual consent. The most common path for early termination is to negotiate with the landlord: find a replacement tenant yourself (even someone you introduce will do), or pay compensation as agreed. Where the contract specifies, follow it; if the contract doesn’t set a notice period, give written notice a reasonable time in advance (the custom is one month) to avoid being sued for the gap.
What liquidated damages looks like. Market practice for early-termination liquidated damages is around 1–2 months’ rent, subject to the contract; if the agreed amount is excessive and clearly exceeds actual losses, it may be reduced through litigation or arbitration—which is to say, disputes over liquidated damages are ultimately resolved through legal channels; it’s not up to the landlord to decide how much to withhold.
On move-out day: Before handing over the keys, record a video and take photos of the entire unit; photograph the water, electricity, and gas meter readings and settle the bills; do your best to do a joint inspection with the landlord and have both parties sign off. The goal is to get documentation in hand—the transfer record showing the deposit refund, and the move-out inspection record. The burden of proof is on the landlord for any deductions claimed for repairs, cleaning, or vacancy losses; normal wear and tear like floor scratches or aging light bulbs is not on the tenant.
IV. Your rights and protections
Bottom line up front: Chinese law provides fairly strong protection for tenants (including foreign tenants). The earlier sections talked about what to watch out for; this one is about what’s in your hand. The tone is one line only: talk first; if you can’t agree, the law sides with the one who has the evidence.
4.1 Possession protection: no harassment, no eviction
During the term of a valid contract, the landlord cannot unilaterally terminate or raise the rent, and you may refuse early termination.
Even when a landlord has a legal right to terminate the contract, they must notify you and give a reasonable period to vacate; the Housing Leasing Regulation expressly forbids landlords from using violence, threats, or other unlawful means to force a tenant to terminate or vacate. Changing the locks, cutting off water or electricity, or blocking the doorway are all unlawful. The landlord cannot enter at will either—the landlord may not enter the rented home without your consent. A common and reasonable exception: cooperating with viewings near the end of the lease—many contracts include a final-month viewing cooperation clause, and even without one, viewings before lease-end are a normal arrangement; beyond that, the landlord needs your consent to bring anyone over.
In the event of a forced lock change, water or power cut-off, or physical removal: call 110 immediately. Serious cases may result in administrative penalties and may even constitute a criminal offense; the landlord must compensate any losses caused to you or others according to law.
4.2 If the landlord sells, your lease is not affected
If the property is sold during the lease term, the lease continues in force, and the new owner steps into the rights and obligations of the lease you signed with the original landlord—this is the principle in Chinese law that “a sale does not break the lease.” As long as you don’t want to terminate, no one can kick you out.
4.3 Deposit protection
The Housing Leasing Regulation requires the deposit amount, when it is returned, and under what conditions deductions may be made to be written into the contract; outside the agreed circumstances, the landlord may not withhold the deposit without good reason. The official model contracts already include these terms; if you use a non-official contract, check that these three items are there—if missing, demand they be added, or, as suggested in Step 3, have someone review it.
In court, the burden of proof for deductions is on the landlord—claims of furniture damage or vacancy losses require evidence from them. So “depreciation deductions” don’t hold up under Chinese law.
Deposit escrow is already in place in some cities. Beijing has required deposits collected by housing rental enterprises to be placed in supervised accounts since July 2024, and tenants can check the balance and transaction record themselves through the city’s online housing fund portal or the “Jingtong” mini-program; Shanghai, Shenzhen, Xi’an, and other cities have issued detailed rules of their own. Note that for now this mainly targets rental enterprises; private direct-from-landlord rentals may not be covered; when going through a branded company, you can ask before paying, “Does the deposit go into a supervised account, and can I check it?”
4.4 Repairs and renewal
Repairs are the landlord’s responsibility by default—the contract may provide otherwise, so check how this clause is written at signing; record the condition of the unit and appliances clearly at handover to avoid being blamed for damage at move-out. Some tenants routinely pay for repairs and get the cost back from the landlord—but for your own protection, just leave it to the landlord.
If the lease expires and you continue to live in the unit while the landlord continues to accept rent and didn’t raise any objections, the lease does not automatically terminate, but converts into an open-ended tenancy; the original contract remains in effect, and either party may terminate by giving reasonable advance notice; at the end of the term, you also enjoy a preemptive right to renew on the same terms.
4.5 Obligations and don’ts
Registration obligation: Register within 24 hours of move-in; re-register when changing residence, leaving and re-entering the country, or renewing your documents.
Subletting is not expressly forbidden by law—with the landlord’s written consent, it’s fine—but we still don’t recommend it. Running subletting as a business (charging markups, operating at scale) can run into unlawful-employment issues; local public security authorities enforce detailed registration requirements on rentals involving foreigners—check the rules currently in force in your city.
Residential property cannot be used for business. Running a guesthouse, an office, or warehousing involves a separate set of rules—contact us for advice.
4.6 When there’s a dispute: a four-tier path
Negotiation (in writing, with records, with concrete proposals and deadlines) → Mediation by the residents’ committee or the local housing authority → 12345 government service hotline → Court litigation (for smaller amounts, the small-claims procedure applies).
4.7 Two issues specific to foreign parties
Governing law: in practice, almost always Chinese law.
Can you litigate from abroad? Yes, but there are hard procedural requirements. A power of attorney sent from abroad must be notarized by a notary in the country where you are and authenticated by a Chinese embassy or consulate there (or go through the certification procedures specified by treaty) to be valid. There have been cases where the court dismissed the claim because the power of attorney had not been notarized and authenticated. If you anticipate a dispute, look into the notarization and consular legalization process and timing in advance.
V. FAQ and one-page checklist
1. Can I rent with a tourist visa? Yes—renting itself is not restricted by visa type. But the obligation to register does not disappear with a tourist visa—register within 24 hours.
2. Can I rent without a local bank account? Yes. Alipay and WeChat can link overseas bank cards as a stopgap; open a local account as soon as you can, but don’t wait until you have one to sign.
3. Is the agency fee negotiable? Yes. There is no statutory rate; first ask clearly “how it’s charged, how much, and under what conditions it’s refundable,” then negotiate.
4. Can I do short-term rentals? Yes—there’s no legal cap. For short-term rentals, write down the deposit-refund conditions especially clearly, and remember that the 24-hour registration obligation applies the same way.
5. Can I pay rent, utilities, or the agency fee in foreign currency? No. Foreign currency may not circulate or be used for pricing and settlement inside China; contracts should state amounts in RMB.
6. What happens if I terminate early? Check the contract first; market practice is liquidated damages of about 1–2 months’ rent; excessive amounts can be reduced through litigation or arbitration. We recommend negotiating mutual termination with the landlord first, with written notice in advance and records kept.
7. What if the landlord won’t return the deposit? Check the contract’s stated deduction circumstances → make a written demand to the landlord for return (WeChat, or send a courier letter, both work) → file a complaint through 12345 → arbitration or litigation. The burden of proof for deductions is on the landlord. Start by organizing evidence: the contract, transfer records, move-in/move-out photos and videos, and communications.
8. What if the landlord sells and tries to kick me out? A sale does not break the lease—the lease remains valid, and you can stay. Negotiate → 12345 → litigation. If the landlord behaves aggressively in the meantime, you can also call the police.
9. What if the landlord brings people to view the property or shows up to harass me? Cooperating with viewings at the end of the lease is a common arrangement; beyond that, the landlord needs your consent to enter. If, after a clear refusal, the harassment, lock changes, or water/power cuts continue, call the police (110) immediately.
10. I forgot to register—what now? Register as soon as possible. Online registration is now available nationwide, with the same effect as in-person registration.
11. Can I rent to run a guesthouse or office? Residential property cannot be used for business.
12. Which country’s law applies? Can I litigate from abroad? Chinese law; yes, but the power of attorney must be notarized and authenticated.
One-page checklist (printable)
Before signing
- Passport and visa/residence permit are valid; passport validity clearly exceeds the lease term
- Verify the agent: first check the local housing authority website’s filing/risk list; if not found, ask for a business license; refuse personal payments
- Confirm the signer’s right to lease: for the owner, check the two certificates match; for a relative, see relationship proof or the owner’s written consent; for an agent, see the power of attorney; for a company, use official channels
- Planned use meets actual needs; not a partitioned room, not a converted kitchen/balcony/storage room
- Test water pressure, heating and cooling, soundproofing, nighttime noise, mobile signal; water/electricity/gas at residential rates
- Clarify who covers heating fee and property management fee; who opens/transfers water/electricity/gas accounts and who pays; how internet is handled
- Take photos: current condition of the unit, appliance inventory, water/electricity/gas meter readings
- Payment ready (in RMB); if you need a fapiao, raise it now and use it as a condition when selecting
- Require the official model contract; agree on rent, security deposit, and agency fee
On signing day
- Read the contract clause by clause; ask about anything unclear on the spot; make sure you fully understand the key terms
- Specify: lease term, rent and payment date, the three deposit elements, repair responsibilities, early termination
- Add: landlord’s cooperation with accommodation registration
- Put verbal promises into the contract or supplementary clauses
- Demand modification or deletion of unfavorable clauses; if refused, consider switching listings
- Keep transfer records and note the purpose; pay the landlord named on the contract
Within 24 hours of move-in
- Complete accommodation registration: online (NIA 12367 app/mini-program, government service website) or offline (local police station)
- Documents: passport, lease contract, landlord’s ID documents
- Record a move-in video/photos as a baseline for move-out comparison
During the tenancy
- Pay rent on time; retain all receipts and original chat records
- Notify of needed repairs in writing and keep records
- Get the landlord’s written consent before subletting
- Do not use the residence for business
At move-out
- Give written notice in advance as the contract provides; where silent, one month’s notice
- Record continuous video of the entire unit before handing over the keys
- Photograph and settle the meter readings; try to do a joint inspection and have both parties sign
- Obtain the deposit-refund transfer record
Disclaimer
This article is informational and does not constitute legal advice. The legal and policy status described herein is current as of September 29, 2026; regulations, judicial interpretations, and local enforcement approaches may be amended or may vary by region. The specific terms of your lease, the actual condition of the property, and the latest requirements where you are may all affect how you exercise your rights. For specific disputes or material amounts, defer to the requirements of the local competent authorities at the time you handle the matter, and consult a licensed lawyer.
Republishing this article. You are welcome to republish it, provided you keep the source (Beijing Baokun Law Firm), the author (Boxin Wen), and our contact details (info@busilaw.com) with the text.