The Great Zhengzhou Housing Shuffle

In the bustling heart of Zhengzhou, where the streets hum with the ebb and flow of daily commerce and the scent of street food mingles with the city’s breath, there lived an expat named Charlie. Charlie had journeyed from distant shores to plant his roots in this vibrant city, renting a cozy abode that was his sanctuary amid the urban jungle.

As the fates would have it, Charlie’s heartstrings were tugged by the enchanting Mei, a local lass whose laughter was more melodious than the city’s dawn chorus. Mei resided in the far-flung reaches of the city, and their love, though boundless, was being tested by the relentless commute between their dwellings.

Eager to bridge the gap that geography had imposed, Charlie decided to move in with Mei. Alas, his lease was a fortress of clauses and conditions, with one decree standing tall: “Thou shalt forfeit thy deposit should thou vacate prematurely.” The deposit, a sum of no small consequence, was hostage to this parchment prison.

Undeterred, our plucky protagonist hatched a plan as clever as it was simple: He would seek out another expat via the digital grapevines of Facebook forums, a kindred spirit to whom he could pass the torch of tenancy, thereby liberating his deposit from its contractual shackles.

With the swiftness of a WeChat message, Charlie cast his net wide, weaving through the digital forums with the promise of a cozy nook in Zhengzhou for any eager expat. It wasn’t long before he snagged a willing taker—a cheery fellow named Alex, ready to call Charlie’s former haven home.

But the winds of fortune are fickle, and the landlord, upon catching wind of this arrangement, was none too pleased. A stickler for stability, the landlord viewed Charlie’s plan as a tangle in the otherwise smooth silk of his rental operations. “Nay,” he declared, his voice as firm as the ancient bricks of the Erqi Memorial Tower. “The lease is a sacred scroll, and thou shalt not alter the scribe’s intent.”

Charlie, with a heart now divided between love and logistics, found himself at the center of a most inconvenient maelstrom. The landlord, a bulwark against the breezes of change, stood resolute, and Charlie’s deposit dangled precariously over the precipice of forfeiture.

As the tale unfolds, our hero must navigate the narrow alleys of negotiation, armed with nothing but his wits and the hope that a compromise can be struck. Will the landlord relent, swayed by the sweet serenade of reason? Or will Charlie’s quest for cohabitation crumble like the ancient walls of a forgotten dynasty?

Law In A Minute

Subletting without the landlord’s consent is fraught with potential pitfalls, including serious legal consequences and lease termination.

Obtaining the landlord’s permission before subletting is of utmost importance. By seeking approval, tenants ensure they are operating within the boundaries of their lease agreement. Landlords hold legitimate concerns about who occupies their property, as they bear the responsibility for its maintenance and potential damages.

By bypassing his landlord’s approval, Charlie risked his tenancy and financial security. If the substitute tenant—Alex, in this case—defaulted on rent or damaged the property, Charlie would be liable.

Ideally, Charlie should have first presented a well-considered proposal to his landlord, detailing information about Alex and the terms of the sublease, to demonstrate his due diligence. With the landlord’s consent, a formal sublease agreement would protect all parties, outlining the sublessee’s responsibilities and maintaining the condition of the property.

Since Charlie did not secure permission, the landlord is within his rights to terminate the lease.

Legal Basis

Civil Code 716

The lessee, with the lessor’s consent, may sublease the leased property to a third party. If the lessee subleases, the lease contract between the lessee and the lessor remains valid; if the third party causes damage to the leased property, the lessee shall compensate for the loss.

If the lessee subleases without the lessor’s consent, the lessor may terminate the contract.