What does Chinese law say about rental deposits?

The Civil Code governs rental contract rights and obligations. Deposit return generally follows the contract terms. If the contract is silent, a tenant who has completed the lease term, settled utility bills, and left the property undamaged (excluding normal wear) is entitled to a full refund. It's advisable to specify the deposit amount, purpose, and return conditions in the contract.

Can a landlord keep the entire deposit for property damage?

Not necessarily. The landlord may only deduct actual repair costs and must provide receipts. Normal wear and tear — faded walls, minor scuffs, small nail holes — is the landlord's responsibility. Without reasonable repair receipts, the tenant has grounds to demand return of the withheld amount.

What can a tenant do if the landlord won't return the deposit?

Start with written communication to the landlord, referencing the contract and including move-in/move-out photos. If negotiation fails, seek mediation through the local subdistrict office or community mediation committee. Call 12348 for free legal guidance. As a last resort, file a claim in the local People's Court — deposit disputes often qualify for the simplified small claims procedure.

Getting your rental deposit back (China)

Plain-language guide · reviewed for general accuracy · China, 2026

Landlords withholding deposits for vague or exaggerated reasons is a common frustration for tenants across China. Under the current legal framework — primarily the Civil Code — tenants are not without recourse. Here are practical steps based on the law and common experience. Specific cases are subject to current laws and local judicial interpretation.

1. Prevention starts with the contract

The best protection begins when you sign the lease. Make sure the contract clearly states the deposit amount, its purpose, and the conditions for its return. Ideally specify: after the lease ends, all utility bills are settled, and the property shows no damage beyond normal wear, the landlord shall return the full deposit within a stated number of days. Take dated photos or video of every corner of the property when you move in, and have the landlord confirm them. It may feel tedious, but this is the strongest evidence if a dispute arises.

2. Do a proper handover when moving out

Inspect the property together with the landlord when you move out, checking each item. If anything needs repair, clarify who is responsible and what a reasonable repair cost would be. Create a written handover checklist signed by both parties. If the landlord claims deductions on the spot, ask to see repair quotes or receipts. Ordinary living traces — slightly faded walls, normal floor wear — should not be charged to the tenant.

3. Steps to take when the landlord won't return the deposit

Step one: communicate with the landlord in writing (WeChat messages can serve as evidence), clearly stating that you have fulfilled your obligations under the contract and requesting return of the deposit within a reasonable time. Attach your move-in and move-out photo comparisons. Step two: if the landlord ignores or refuses you, seek mediation through the local subdistrict office (街道办) or community people's mediation committee. Mediation is free and has some binding effect. Step three: if mediation fails, call 12348 — the national legal aid hotline — for professional legal guidance on whether and how to proceed with litigation. Step four: file a claim in the local People's Court. Deposit disputes typically fall under the small claims procedure, which is simplified and relatively fast.

Tip: preserve all evidence throughout — lease contract, deposit receipt, communication records, photos, and the handover checklist. Lack of written evidence is the most common reason tenants lose deposit disputes.

4. What the law says about deposits

Under the Civil Code, a deposit functions as a form of security to guarantee contract performance. A landlord may only deduct from the deposit to the extent of actual losses caused by the tenant's breach of contract. The deduction must be proportionate — a landlord cannot arbitrarily withhold or keep the entire deposit. Where contract terms are ambiguous, courts generally interpret them in favour of the tenant.

Common questions

Can a landlord keep the whole deposit for alleged damage?: Generally no. The landlord may only deduct the actual repair cost and must provide receipts. Normal wear is the landlord's responsibility.
What if the contract doesn't mention the deposit?: Even without explicit contract terms, your payment records and receipts serve as evidence. The law entitles you to a refund.
How much does it cost to sue?: Deposit disputes are small claims — court fees are very low (often tens of yuan) and the procedure is simplified. Call 12348 first to assess your case.

Tell the assistant which city you're in, the deposit amount, and what the landlord said for a plain-language starting point.

This guide is general public legal information about residential tenancy in China and is not legal advice. Specific cases are subject to current laws and local judicial interpretation. Local practice may vary. Consult your local legal aid centre (12348) or a licensed lawyer for advice about your situation.