Residential Tenancy Agreement (People’s Republic of China)
This Residential Tenancy Agreement (Agreement) is entered into on [Date] by and between:
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Lessor (Landlord): [Full legal name], [national ID/passport no.], [address], [contact details], and, if applicable, [legal representative/authorized signatory and title if Lessor is an entity]; and
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Lessee (Tenant): [Full legal name], [national ID/passport no.], [address], [contact details].
Each a Party and collectively the Parties.
Recitals
A. The Lessor is the lawful owner of, or otherwise duly authorized to lease, the residential premises located at Unit 1201, Building 3, No. 12 Keyuan Road, Nanshan District, Shenzhen, Guangdong, People’s Republic of China (the Premises).
B. The Parties intend to establish a residential lease in accordance with the mandatory provisions of the laws and regulations of the People’s Republic of China (PRC), including the Civil Code of the PRC and applicable local regulations.
C. The Premises will be used solely for lawful residential purposes.
In consideration of the mutual covenants herein, the Parties agree as follows:
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Definitions
1.1 Premises: The residential unit described in Recital A, together with the fixtures, fittings, furniture, appliances, appurtenances, and common-area rights as specified in Schedule 1 (Inventory and Condition Report).
1.2 Term: The fixed term set forth in Clause 3.
1.3 Rent: The consideration payable pursuant to Clause 4.1.
1.4 Deposit: The security deposit defined in Clause 4.3.
1.5 Laws: All applicable national laws, administrative regulations, local rules and normative documents effective in Shenzhen, as amended from time to time.
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Premises; Title and Authority
2.1 The Lessor represents and warrants that:
- It is the legal owner of the Premises, or duly authorized in writing by the legal owner to lease the Premises; and
- The Premises comply with applicable habitability, building safety, and fire safety standards and are fit for residential use on the Handover Date.
2.2 The Parties shall complete a joint inspection on the Handover Date and sign Schedule 1. The Inventory and Condition Report shall be prima facie evidence of condition at handover and at return.
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Term; Handover
3.1 Term: The lease shall commence on [Commencement Date] and expire on [Expiration Date], both dates inclusive, unless earlier terminated in accordance with this Agreement or Law.
3.2 Handover Date: On [Handover Date], conditional on the Lessee having paid the Deposit and any initial Rent due, the Lessor shall deliver vacant possession, keys/access cards, and peaceful use and enjoyment of the Premises.
3.3 Holding Over: Any holding over requires the Lessor’s prior written consent. Absent such consent, the Lessee shall pay holdover use and occupancy at [•]% of the last monthly Rent per day and shall be liable for all direct losses suffered by the Lessor, subject to Law.
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Rent; Deposit; Payments
4.1 Rent: The monthly Rent is RMB [Amount in figures] ([Amount in words] yuan), payable in advance on or before the [•] day of each month to the bank account designated in Schedule 2. For any partial first or last month, Rent shall be prorated on a 30-day basis.
4.2 Payment Method: Rent and other sums shall be paid by bank transfer to the account in Schedule 2 or such other account designated in writing by the Lessor with at least five (5) Business Days’ notice.
4.3 Deposit: Upon signing, the Lessee shall pay a refundable security deposit of RMB [•] (the Deposit). The Deposit secures the Lessee’s performance and may be applied to unpaid Rent, utilities, repair of damage beyond normal wear and tear, liquidated damages, and other sums due. The Deposit is not a prepayment of Rent and shall not be set-off against Rent without the Lessor’s written consent.
4.4 Late Payment: Sums overdue for more than [•] days shall accrue default interest at [•]% per day (or the maximum permitted by Law if lower), from due date until payment in full. The Lessor may also recover reasonable enforcement costs.
4.5 Tax Invoices: If required by Law, the Lessor shall issue valid PRC tax invoices (fapiao) for Rent received. Any applicable housing-related taxes on the Lessor’s income shall be borne by the Lessor; Lessee-borne taxes, if any, shall be borne by the Lessee.
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Use; Occupancy; Prohibited Conduct
5.1 Permitted Use: Solely for private residential dwelling by the Lessee and the following approved occupants: [List]. No commercial, industrial, short-term lodging, or illegal use is permitted.
5.2 Occupancy Limits: Occupancy shall comply with applicable safety and density standards. The Lessee shall not permit overcrowding or unauthorized occupants.
5.3 Compliance: The Lessee shall comply with Laws, building management rules, and reasonable house rules notified by the Lessor. The Lessee shall not store hazardous materials or engage in activities endangering safety or disturbing neighbors.
5.4 Pets and Smoking: [No pets / Pets permitted with prior written consent]; [No smoking / Smoking policy]. Any approved pet shall be kept in compliance with local rules, with the Lessee liable for related damage and sanitation.
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Repairs; Maintenance; Alterations
6.1 Lessor Obligations: The Lessor shall maintain the structure, major systems (including main plumbing, main electrical, gas lines, building envelope, and any central HVAC where applicable), and any defect affecting habitability. The Lessor shall carry out repairs within a reasonable time after written notice, considering urgency and statutory requirements.
6.2 Lessee Obligations: The Lessee shall keep the Premises clean, use fixtures and appliances with due care, and promptly notify the Lessor of any defect. The Lessee is responsible for routine maintenance and minor repairs arising from ordinary use up to RMB [•] per single incident; damage caused by the Lessee’s misuse or negligence shall be repaired at the Lessee’s cost.
6.3 Alterations and Decorations: No structural alterations or drilling into load-bearing walls. Non-structural decoration requires the Lessor’s prior written consent and relevant approvals if required by Law or the building management. Upon lease end, alterations shall be removed and the Premises restored if the Lessor so requires, normal wear and tear excepted.
6.4 Emergency: In an emergency threatening life, property, or essential services, the Lessor may enter without prior notice to mitigate damage, with post-entry notice to the Lessee as soon as practicable.
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Utilities; Fees; Management Rules
7.1 Utilities: Unless otherwise stated, the Lessee shall open, meter, and pay for electricity, gas, water, internet, cable/TV, and other consumption-based services from the Handover Date until return, and shall settle all outstanding charges upon vacating.
7.2 Property Management and Common-Area Fees: [Lessor/Lessee] shall pay property management fees. Any elevator, sanitation, and common facility usage charges shall be paid by [•]. Parking fees (if any) shall be borne by [•].
7.3 Registration/Smart Meters: The Lessee shall cooperate in real-name registration for utilities, and the Lessor shall provide necessary ownership/proof documents.
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Entry; Inspections; Viewings
8.1 Entry: With at least 24 hours’ prior notice, the Lessor or its agents may enter at reasonable times to inspect, carry out repairs, or comply with legal obligations. In the last [•] days of the Term, the Lessor may, on reasonable notice, show the Premises to prospective tenants or purchasers.
8.2 Minimal Interference: The Lessor shall use reasonable efforts to minimize disruption and shall restore any areas affected by maintenance work.
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Assignment; Subletting; Sharing
9.1 No assignment, subletting, license, or sharing of possession without the Lessor’s prior written consent and compliance with registration/filing requirements under applicable Laws and building rules.
9.2 Any unauthorized transfer of rights is voidable and constitutes a material breach.
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Registration; Filing; Police Registration
10.1 Housing Lease Filing: Where required, the Parties shall cooperate to file or register the lease with competent housing authorities within the time limits prescribed by applicable Laws and local regulations, providing identity and property documents as necessary.
10.2 Public Security Registration: If required by Law (including for foreign nationals), the Lessee shall complete temporary residence registration with the public security authority within the prescribed timeframe after move-in and upon any change of residence.
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Insurance; Risk
11.1 The Lessor shall maintain, where customary or required, property insurance on the structure (if available), but shall have no obligation to insure the Lessee’s personal property.
11.2 The Lessee is advised to obtain renters’ insurance for personal property and third-party liability.
11.3 Risk of loss to the Lessee’s personal property remains with the Lessee, except to the extent caused by the Lessor’s willful misconduct or gross negligence.
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Legal Compliance; Quiet Enjoyment
12.1 The Lessor covenants that, subject to the Lessee’s performance, the Lessee shall have quiet enjoyment and undisturbed use of the Premises during the Term.
12.2 The Lessor shall ensure there are no legal defects that would materially impair residential use.
12.3 The Lessee shall not use the Premises for unlawful purposes and shall immediately cease any use prohibited by Law or government orders.
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Defaults; Remedies
13.1 Lessee Defaults include:
- Failure to pay Rent or other sums within [•] days after due date;
- Unauthorized assignment, sublease, or alteration;
- Substantial damage or endangerment to the Premises;
- Use for illegal purposes or serious disturbance to neighbors;
- Material breach not cured within [•] days after written notice (or immediately if irremediable).
13.2 Lessor Remedies: Subject to Law, upon a material uncured default the Lessor may terminate this Agreement, recover possession through lawful process, apply the Deposit, and claim damages (including reasonable costs and expenses). If liquidated damages are stipulated herein, a People’s Court may adjust if manifestly excessive under Law.
13.3 Lessor Defaults include:
- Failure to deliver possession on the Handover Date (other than due to Lessee’s fault);
- Failure to maintain habitability after notice and reasonable cure period;
- Other material breach not cured within [•] days after written notice.
13.4 Lessee Remedies: The Lessee may demand performance, repair at the Lessor’s cost (where the Lessor unreasonably fails to act), proportional Rent reduction for periods of impaired use as allowed by Law, termination for material uncured breach, and damages as permitted by Law.
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Early Termination; Statutory Rights
14.1 Statutory Termination: Each Party may terminate as permitted by mandatory Law (including for serious quality defects endangering safety, illegal use, or other statutory grounds).
14.2 Contractual Early Termination by Lessee: With at least [•] days’ prior written notice and payment of an early termination fee equal to [•] months’ Rent (as liquidated damages), the Lessee may terminate early, provided no uncured breach exists. If a lawful replacement tenant acceptable to the Lessor (acting reasonably) assumes on equivalent terms without vacancy loss, the fee shall be equitably reduced.
14.3 Contractual Early Termination by Lessor: Except as provided by Law or this Agreement, the Lessor shall not unilaterally terminate during the fixed Term. If the Lessor wrongfully terminates, the Lessee may seek specific performance or damages, and may recover reasonable relocation costs.
14.4 Sale Does Not Terminate Lease: A change in ownership of the Premises during the Term does not affect this Agreement’s validity; the transferee succeeds to the Lessor’s rights and obligations under Law.
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Force Majeure
15.1 Neither Party is liable for failure or delay due to Force Majeure events unforeseeable, unavoidable, and insurmountable under Law (including natural disasters, governmental actions, epidemics meeting legal criteria, etc.).
15.2 The affected Party shall promptly notify the other Party and mitigate loss. If Force Majeure renders the Premises uninhabitable for more than [•] consecutive days, either Party may terminate without liability (save for accrued obligations), with prepaid Rent refunded pro rata and the Deposit returned after lawful deductions.
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Return of Premises; Deposit Refund
16.1 Move-Out: On or before the expiration or termination date, the Lessee shall vacate, remove personal property, restore the Premises as required, return all keys/cards, and settle utilities and other charges. The Parties shall conduct a joint move-out inspection against Schedule 1.
16.2 Normal Wear and Tear: The Lessee is not liable for ordinary wear and tear consistent with reasonable residential use.
16.3 Deposit Refund: The Lessor shall, within [•] days after move-out inspection and receipt of evidence of settlement of utilities, refund the balance of the Deposit without interest (unless otherwise required by Law), less lawful deductions itemized in writing.
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Notices
17.1 Notices shall be in writing and delivered by hand with acknowledgment, courier, or email (with a contemporaneous hard copy by courier) to the addresses set forth above or as updated by written notice. Notice is deemed received on actual receipt or the second Business Day after courier dispatch.
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Governing Law; Dispute Resolution
18.1 Governing Law: This Agreement is governed by the Laws of the PRC.
18.2 Jurisdiction: Any dispute arising out of or in connection with this Agreement shall be submitted to the people’s court with jurisdiction at the location of the Premises (Nanshan District, Shenzhen), unless the Parties later agree in writing to arbitration administered by a recognized PRC arbitration institution seated in Shenzhen.
18.3 Performance Not Excused: During any dispute, undisputed obligations shall continue to be performed.
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Miscellaneous
19.1 Entire Agreement: This Agreement (including Schedules) constitutes the entire understanding and supersedes prior communications regarding the Premises.
19.2 Amendments; Waiver: Any amendment or waiver must be in a signed written instrument. No failure or delay in exercising a right constitutes a waiver.
19.3 Severability: If any provision is invalid or unenforceable, the remainder shall remain in force to the maximum extent permitted by Law.
19.4 Counterparts; Electronic Execution: This Agreement may be executed in counterparts and by electronic signature to the extent recognized by Law.
19.5 Language: If a bilingual version is executed, the [Chinese/English] version shall prevail in case of inconsistency. If only this English version is executed, it shall be the binding text.
19.6 Data and Documents: Each Party shall provide identification and property documents reasonably required for registration, compliance, and tax purposes.
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Specific Disclosures and Attachments
20.1 Title/Authorization: The Lessor shall, upon request, provide a copy of the property ownership certificate or other sufficient proof of ownership/authorization.
20.2 Building Rules: The Lessee acknowledges receipt of applicable building management rules or a summary thereof, if any.
20.3 Keys/Access Cards: At handover, the Lessor shall provide [•] door keys and [•] access cards, and [•] mailbox keys.
Schedules (integral to this Agreement)
- Schedule 1: Inventory and Condition Report (including meter readings at handover and photos if applicable)
- Schedule 2: Payment Details (bank account information; Rent due date; Deposit amount; invoicing instructions)
- Schedule 3: House Rules/Building Management Rules (if any)
Execution
Lessor (Landlord)
Name:
ID/Passport No.:
Address:
Contact:
Bank Account (also in Schedule 2):
Signature (or company chop if entity):
Date:
Lessee (Tenant)
Name:
ID/Passport No.:
Address:
Contact:
Signature:
Date:
Witness (optional)
Name:
ID No.:
Signature:
Date:
Guidance for Completion (to be removed upon execution)
- Insert Rent, Deposit (commonly 1–2 months’ Rent, subject to local requirements), due dates, and late interest consistent with applicable law.
- Confirm who bears property management and parking fees.
- Include specific time limits from local regulations for lease filing and public security registration, if known, and comply accordingly.
- Attach a detailed inventory; record initial meter readings and condition, and take dated photographs at handover and move-out.
- If the Lessor is not the titled owner, attach the owner’s written authorization. If multiple owners exist, ensure all authorize the lease or appoint one signatory with notarized authorization.
