You are new to Beijing and it takes you a moment to take in all the grey buildings looming over you. But you know behind every grey facade is a possibly tasteful, even elegant apartment decked out to your liking. Agents upon agents are in hot pursuit as they smell an opportunity, sending you tons of pictures along with price listings, insisting you must see this property or that before it’s snatched up. But you are undecided. Do you settle for a cozy hutong loft or a modern high-rise apartment? Who do you even speak to about the apartment after you view it? Who is truly running the show; the agent or the landlord who you never meet? And what if issues should arise? Who do you speak to? The agent? The landlord? And that is how you come close to your first nervous breakdown.

Welcome to Beijing’s renters market, where up is down, down is up, housing agents are kings, and if you don’t know any better, your landlord might take you for a wild ride. I exaggerate of course. But let us delve into the murky waters of renters’ rights in Beijing.

I Am Landlord, Hear Me Roar

Up until very recently, I believed landlords had absolute power. This is also the prevailing sentiment amongst friends living in the city, who try to keep their landlords as happy as possible to avoid a possible surprise eviction. Not so, says Matthias Schroeder LL.M, a lawyer based in Beijing.

According to Schroeder, the landlord’s rights and powers are far more limited under the law than you might realize. Landlords only have the right to collect rent, review and approve renovation plans to the house, and recover the house after the termination of a lease. But what about getting your deposit back at the end of a lease? First of all, don’t leave the country too fast. Renters in a hurry to leave the city or the country generally have no recourse should an unscrupulous landlord withhold their deposit. “We have seen cases where the landlord did not bother paying back the deposit. The cost of such a claim might be higher than the deposit itself. This becomes an issue, because, even in case the claimant wins the case, in most cases, the losing party will not have to pay all the attorney fees of the winning party. Therefore it is cheaper to not even bother.”

This is admittedly an extreme case, and a reasonable landlord should not only reimburse your deposit but may also calculate and reimburse all paid for but unused utilities such as water, electricity, and gas. They should also reimburse any repairs you may have carried out on the property that are not aesthetic, and provided that you have kept all receipts and fapiaos. This means that you can’t charge your landlord for the cute little bookshelf you decided to install yourself, as that will be considered a personal expense, however, if the apartment came with a broken shelf that you decide to fix, you can ask for a reimbursement.

What’s the Contract Got to Do With It?

You have come to the end of your lease, but you love the place. You haven’t had much of an issue with the landlord and you wish to extend your contract. But you are met with a flat ‘no’. Is it another tenant? Does he want to increase the rent? Don’t be surprised if this happens. The landlord is well within his rights not to renew a lease, provided that he gives you ample notice to vacate the premises. “In the last six years in Beijing, I had to move three times with my family,” says Schroeder, “It is just a question of luck, how long you may stay in your flat. The landlord is not obliged by law to renew the contract in most cases.”

And don’t be surprised to receive a notice to vacate your apartment shortly after moving in because the landlord has either decided to move in himself or has sold the apartment. If you are lucky, your lease might be transferred, but in most cases, you will have to vacate. All is not lost though. According to Schroder, “As a penalty for breaching the contract and terminating it prematurely, most standard contracts foresee the payment of two months of rent.”

Biting the Bullet

It might be surprising for foreigners to learn that in cases where our rental rights have been contravened, we can actually represent ourselves in court. “If the landlord breached the contract by not giving notice in time or by prematurely terminating the contract without having the right thereto, you may file for damages. A lawyer is not necessary for doing so as you are allowed to represent yourself, and the court clerks will help you with the filing,” elaborates Schroder.

However, and this is very important to note, if a contract is written in both English and Chinese, and there is no clause stipulating otherwise, then the prevailing version is always the Chinese version. This could be a problem if the terms in the two contracts do not match, which is not unheard of.

Whatever the situation, it is a relief to know the renter’s market in Beijing isn’t as much of the wild, wild East the urban legends suggest. Be it using your landlord’s desire to increase your rent to renegotiate your lease, or even taking the plunge and representing yourself should things go south, there is always a solution. You just have to know where to start, and where to go should things end badly.

Here Are a Few Things to Keep in Mind Before, During, and After You Sign on the Dotted Line:

1. Check the landlord’s house property certificate and his ID card to confirm that the house belongs to him and that there is no overdue mortgage on the apartment. Foreclosure would terminate your lease agreement without compensation.
2. Document the status of the apartment with pictures and witnesses. Note any damage, even minor, on the ‘handing over’ list, which must be attached to the rental contract.
3. Only sign a lease contract with the house owner or an authorized person, not with the current tenant or the relatives or friends of the house owner.
4. Make sure the landlord issues a proper rental fapiao and clarifies who has to pay the respective taxes.
5. After signing the lease contract, register at the police station in a timely fashion.
6. If you do repairs, document them; and collect all the bills and fapiaos.
7. If you can afford it, or your living expenses are covered by your employer, insist in an arbitration clause. Although expensive, in the event of a dispute, arbitration is faster than the court system, and the parties can influence the proceedings better.

KEEP READING: Beijing Landlords Now Prohibited From Changing Housing Contract Terms During Lease

Photos: Unsplash

This article appeared in the beijingkids 2020 June issue

It all started with a hand-me-down Devil’s Ivy plant. Despite my lack of know-how, it thrived on a little sun-deprived bookshelf in my apartment. Then came a celery root cut-off, which I stuck in a glass jar and watched explode into growth. Since then, I’ve been experimenting with all manner of green friends, growing, testing, repotting, and generally trying to figure out how to turn my tiny balcony into a lush hanging garden that would make a Babylonian jealous. Recently, I was added to the WeChat group Beijing Urban Gardening, where experienced and novice urban gardeners alike trade progress pictures, seed recommendations, advice, and troubleshoot plant problems. The man behind it all is Antoine Mansuy, owner and chef at The Roots restaurant in Yizhuang, and keen urban gardener for whom cultivating plants is simply part of life.

Growing up in the northeast of France, Mansuy says that pretty much every family in his village had their own plot of land and vegetable garden and although he is long since accustomed to living in big cities, having access to fresh homegrown veggies was something he always missed when he had to rely on “weak supermarket” produce to cook dinner.

As soon as he set up his restaurant in Yizhuang, Mansuy entered discussions with the local authorities, eventually obtaining permission to cultivate a patch of land near the restaurant. His initial goals were modest: “The idea was to grow some herbs that were hard – if not impossible – to buy, for the restaurant. To just grow and cook good food.” Over time, just as Mansuy’s restaurant business has expanded to a total of three locations, that modest plot had grown to a 600sqm display garden, which still supplies his restaurants, and several herb gardens scattered around the area. He also frequently hosts events for local kids and parents to encourage them to engage with fresh produce and the magic of growing. “We usually kick-start the season with ‘seedbomb’ workshops, where children get to make their own seedbombs and then plant them in the streets around their neighborhood. Then, as the season progresses we have workshops on cutting, transplanting, and cooking. At the end of the season, it’s all about cleaning the garden, and a big Halloween special when the garden looks dead and haunted”.

As a father to a four-and-a-half-year-old son, Mansuy is well versed in the benefits of getting kids engaged with plants at an early age. Parents of picky eaters take note, because according to Mansuy, kids who grow food also become more interested and adventurous about it. “They get to grow and figure out their favorite herbs, and they are free to pick leaves and smell and munch on them. By doing so, they build up their ‘flavor library’ and are more likely to welcome unusual tastes when they eat their meals.” Growing a garden also teaches children about abundance and sharing. “There are always insects eating part of the crops, but there are always more leaves growing than the insects can eat. Kids learn to share, and learn that nature has the right to claim a share of their work for the future good.”

But what if you don’t have access to a 600sqm patch of land to begin your growing adventure? No problem, says Mansuy, anyone can grow, even in the tiniest Beijing apartment, as the many members of the gardening group can attest. For Shaohua Li, urban gardening has given her many benefits beyond fresh herbs. “Watering my plants while sipping coffee first thing in the morning has become a ritual since this spring. This routine helps me to freshen up my mind and calm down during the pandemic.”

  For Eugene Choong, cultivating plants began as a way to deal with the terrible air pollution he experienced in Beijing when he first moved to the city, eight years ago. This brought a breath of fresh air and greenery into Choong’s home: “It got me hooked on plant keeping; starting with succulents then moving on to leafy tropical plants.” His beautiful and growing plant collection is a testament to the addictive nature of gardening.

Ready to begin? According to Mansuy, plant choice is very important in the tough climate we experience in Beijing. While ornamental chilli and cherry tomato plants may look attractive, he warns that the wet and hot summer usually proves fatal to such species. “Unless you have a very rich lively soil, they’ll fall prey to diseases and parasites.” Therefore, he says you’re better off starting by growing herbs, as “they are resilient, quick to grow, and fun to nibble on for kids.”  Even getting your first plants is an opportunity to engage with your local community: “head to your favorite western restaurant (like The Roots for example) and ask them politely if they’d spare a few fresh herbs to get you started.” Then, put them in glasses of fresh water and take your kids and watch the herbs grow roots. This stage might take a couple of weeks, he says, but when they have a relatively solid root system, you can plant them in fresh soil, keep them nicely watered in a sunny spot. “Then, you can pick leaves directly from the plant to cook, brew them in an evening tea, or burn them as incense to get rid of mosquitoes.”

And yes, even with all his outdoor space, Mansuy still gardens at home. “The space is limited, with just a balcony and a few windows, but the home garden is mostly a nursery for herbs and plants that will then be transplanted outside. Home is also where I store some of my most precious plants over the winter season, and my seed bank.”

It’s not hard to see why Mansuy has become such a gardening guru, both in person and via his Wechat group, nor why more and more Beijingers are taking up the challenge to green this huge urban jungle, one balcony at a time.

To join the Beijing Urban Gardening group, add Mansuy on WeChat (ID: Antoinemansuy)

Antoine’s Quick Tips to Gardening Success

1. Start with herbs: mint, cilantro, basil, chives, oregano, thyme, and lemongrass are well suited to the Beijing climate.
2. Keep a growing journal and help your children track the progress.
3. Encourage your children to nibble, so they can grow their ‘flavor library’.

Photos: courtesy of 鄢晓霞 Yan Xiaoxia, Daniel Lim, Songqiao Yao, Elke Scholiers, Laura Clark, Tracy Wang, Katrina Yu, Kelly Dawson, Eugene Choong

KEEP READING: Home-Grown Garden: Learn How to Compost at Home 

This article appeared in the beijingkids 2020 June issue