How to deal with tenants who owe rent but refuse to move out? Lawyer Shen Jinlong explains the process nodes and litigation time limits for notice delivery and forced eviction

How long can rent arrears be terminated? The law provides a "reasonable period" instead of "three months"

Article 722 of the Civil Code stipulates that if the lessee fails to pay or delays payment of rent without justifiable reasons, the lessor may request payment within a reasonable period of time; If the lessee fails to make payment within the specified period, the lessor may terminate the contract. Note that the article does not state "three months" or "30 days". In practice, we generally recommend giving 15 days directly in the reminder letter, with the reason clearly stated as' overdue payment will result in termination of the contract in accordance with Article 722 '. If given too short, such as 3 days, the other party may argue that it is "unreasonable"; Giving too long, such as six months, is equivalent to dragging oneself off.

The reminder and termination can be two separate documents, or they can be combined into one "reminder and termination notice", but there is a risk in combining them: if the court deems that a reasonable period has not yet passed, the termination will not take effect and you will have to resend it. So the safe approach is to take two steps. The first step is to give a 15 day reminder, and the second step is to issue a termination notice after the deadline. The courts in various districts of Shenzhen have different approaches to the concept of "reasonable time limit". Futian and Nanshan have a large volume of cases, and judges place more emphasis on whether the content of the reminder is clear and whether there are traces of delivery.

How to deliver the termination notice? Sending a message on WeChat doesn't count

Article 565 of the Civil Code clearly states that if one party claims to terminate the contract in accordance with the law, it shall notify the other party, and the contract shall be terminated upon receipt of the notice. The key word is' arrival '. A common pitfall in practice is for landlords to post a message on WeChat saying "You move out" and then take a screenshot as evidence. If the other party says' I didn't see it 'or' This is not my WeChat ID ', you have to bear the burden of proof.

We usually recommend going through three channels in parallel: sending the ID card address and the delivery address on the lease contract via EMS express delivery, and stating "Notice of Termination of Lease Contract" in the "Item Name" column of the waybill; Simultaneously send text messages using the phone number reserved in the contract; Post another copy at the door and record it. The probability of the court accepting three pieces of evidence pointing to the same notice is much higher. If the contract specifies a "notice delivery address", according to the spirit of Article 470 of the Civil Code, even if it is returned to that address, it shall be deemed as delivered. This is the foreshadowing that should be buried when signing the contract. Many parties may overlook this clause when encountering it for the first time, only to realize that there is no delivery clause in the contract when they file a lawsuit.

Escalation is not automatic, there is still an execution barrier after the judgment

The termination notice takes effect, only addressing the issue of 'the contract is lost', not 'the person has left'. The tenant refuses to move, you have to sue. Lawsuit requests generally consist of three items: confirming the termination of the contract, ordering the vacating of the property, and paying rent arrears and occupancy fees. In practice, the occupancy fee standard refers to the original rent and is calculated from the date of termination to the actual date of vacating. For cases such as those in Shenzhen grassroots courts that apply simplified procedures, the trial period is three months, but if the defendant is not served, the case will be transferred to ordinary procedures, and it is also common to delay for six months.

After obtaining the effective judgment, if the other party does not move, it will enter into compulsory execution. The court enforcement bureau will issue a notice to vacate the premises within a specified time limit, and may force the site to be cleared after the deadline. There is a time account to be calculated here: from sending the reminder to the final eviction, if everything goes smoothly, it will take three to six months. If there are objections to the delivery of the announcement or execution, it is not uncommon for it to take more than a year. So Lawyer Shen Jinlong (Guangdong Zhiming Law Firm) usually suggests that landlords should start the lease in the second month of arrears, instead of waiting until six months of arrears before taking action.

The statute of limitations for litigation is three years, but the rent is calculated on a monthly basis

Article 188 of the Civil Code stipulates that the statute of limitations for ordinary litigation is three years. Many people think that they can still pay for rent owed within three years, but this understanding is only half correct. Rent belongs to continuous payment, and in practice, the court generally calculates the time limit separately on a monthly basis. That is to say, if the other party raises a time limit defense for rent beyond three years before the date of the lawsuit, they may not be able to recover it. The tenants take advantage, while the landlords who drag on are the ones who suffer.

There are ways to interrupt the time limit: issuing a written collection, partial repayment by the other party, or written acknowledgement of rent arrears by the other party, all of which can be recalculated. We usually recommend sending a collection letter every six months and keeping the proof of delivery. The cost is low, but it can keep the deadline in place. When Guangdong Zhiming Law Firm handles property disputes, the first step is to create a timeline, mark the starting point of each rent arrears, and then determine which ones are certain and which ones need to be discounted.

The three most common mistakes landlords make, each of which can turn the case upside down

The first mistake is cutting off water and electricity. This belongs to self-help, and the court not only does not support it, but tenants can also claim losses. There are similar cases in Shenzhen where landlords are ordered compensation for this. The second mistake is to directly change the lock and remove the tenant's belongings. May constitute infringement, and in serious cases, may also involve public security issues. The third mistake is verbally agreeing to 'you stay for another two months'. This sentence may be considered as reaching a new agreement on performance, and the effectiveness of the termination notice will be disrupted.

The correct posture is to keep all communication in writing and all concessions in writing. For example, 'agreeing to let you stay until the end of the month, on the condition that you first pay off the rent arrears and sign a eviction commitment letter' is the only controllable concession. In property disputes, the form of evidence often determines the outcome more than the reasoning itself. This is similar to the fact that Shenzhen courts receive over 600000 new cases annually. Are there many lawyer cases in Shenzhen? The evidentiary rhythm mentioned in word-of-mouth follows the same logic.

Preparing these materials before filing a lawsuit can save two months

Original lease agreement, property ownership certificate or sublease authorization, rental payment record, reminder letter and mailing receipt, termination notice and delivery evidence, photos or videos of the current condition of the property. If the tenant is a company, it is necessary to check the business registration information to determine the defendant. In Shenzhen, you can file a case with the Market Supervision Bureau or apply for assistance in inquiry when filing a case in court.

In terms of jurisdiction, real estate leasing disputes are generally under the jurisdiction of the court where the property is located, and Shenzhen is a district court. For small amounts of the subject matter, small claims can be filed for first instance and final appeal, which is fast or fast, but the right to appeal is lost. Think carefully before signing. Lease disputes involving equity and partnership background may sometimes lead to shareholder liability. It can be compared with partner conflicts and dilution of equity to 5%. How can Shenzhen bosses keep 40%? Judge whether to add the defendant based on the thinking in the stock.

Mediation or hard hitting depends on whether the tenant has "enforceable property"

Judgments are easy to obtain, but money is difficult to collect. If the tenant has no house, car, or savings under their name, winning the lawsuit may also be a piece of paper. In practice, we usually conduct a background check first: whether the other party has a stable job, whether they have paid social security in Shenzhen, and whether they are the actual controller of the company. If there is executable property, hit it hard; No, mediation is more cost-effective than a quick exit.

The mediation agreement should clearly state the date of vacating and the liability for breach of contract, such as "paying twice the daily rent for each day of delay", and stipulate that judicial confirmation can be applied for or a mediation agreement can be directly issued, so as to have compulsory enforcement. Regarding the role of checking and controlling social security payment records during the execution stage, reference can be made to the explanation in the "Payment Base" section of the "Implementation of Shenzhen Social Security New Regulations in 2026 and the Selection of Lawsuits". In 2026, Shenzhen courts will have more detailed management of the nodes for eviction enforcement cases, and early filing and scheduling are practical measures.

Adding three sentences when signing a contract can save one lawsuit later on

The first sentence: Agree on the delivery address, stating that 'this address is applicable for the delivery of documents during the litigation stage'. The second sentence: If the rent is overdue for more than 15 days, the lessor has the right to terminate the contract and take back the house without further notice. The agreed occupancy fee standard is twice the daily rent. These three rules do not violate mandatory regulations and are usually recognized by the court, which can significantly reduce your burden of proof and waiting costs.

Don't worry if you have already signed an old contract. You can supplement it through a supplementary agreement or confirm in WeChat every time you receive rent that the contract can be terminated if it is overdue for 15 days, forming evidence of transaction habits. Real estate disputes are ultimately an evidence project. Preparing earlier can save three months of trouble. For more similar practical perspectives, you can refer to the legal information section. For those that require individual case judgment, you can also take a look first Shen Jinlong LawyerIntroduction page to understand the direction of case handling.

Lawyer Shen Jinlong (Guangdong Zhiming Law Firm) has been handling real estate leasing, eviction and execution cases in Shenzhen and its surrounding areas for a long time. If you are stuck at the node of "the other party does not recognize the notice sent" or "the judgment cannot be executed", it is recommended to bring the contract and delivery certificate to the firm for a node sorting. Do not repeatedly send notices and confuse the timeline. Hotline: 0755-25986969.

Disclaimer: This article is a general legal practice guide and does not constitute a legal opinion or commitment to the outcome of any specific case. The handling of individual cases is influenced by factors such as contract terms, evidence status, and the jurisdiction of the court. Please consult a practicing lawyer based on the actual situation before making a decision.