Transport Bureau Wins Eviction Order Against Tenant Who Refused to Pay Rent for Six Years

A local transport bureau in Zhejiang Province has successfully obtained a court order to evict a tenant who had not paid rent since 2005, in a case highlighting the importance of enforcing lease agreements.

Case Background

The Suichang County Transport Bureau (遂昌县交通运输局) filed a lawsuit against a tenant, Mr. Zhao, who had been renting an apartment owned by the government agency since 2004.

According to the lease agreement signed on December 25, 2004, Mr. Zhao agreed to rent Room 601 at a residential building on X Road in Suichang County. The annual rent was set at 3,200 yuan, with the lease term beginning in January 2005.

The Dispute

Court records show that Mr. Zhao initially paid rent as required. However, starting from 2005, he stopped making payments and refused to vacate the property despite repeated demands from the Transport Bureau.

After years of unsuccessful attempts to collect the unpaid rent and recover possession of the apartment, the Transport Bureau filed suit at Suichang County People’s Court in December 2011.

Tenant’s Defense

Mr. Zhao appeared in court and raised several arguments against eviction. However, the court found his defenses lacked supporting evidence and legal basis.

Court’s Decision

On March 8, 2012, the court ruled in favor of the Transport Bureau. The judgment ordered Mr. Zhao to:

• Vacate the apartment and return possession to the Transport Bureau
• Pay all accumulated unpaid rent
• Pay rent for the period until actual vacating of the premises

The court found that the lease agreement was valid and binding on both parties. Mr. Zhao’s failure to pay rent constituted a material breach of the contract, entitling the landlord to terminate the lease and recover the property.

Legal Analysis

This case illustrates several important principles under Chinese property law:

Government as landlord: Government agencies have equal rights as private landlords to lease property and enforce lease terms. Tenants cannot claim immunity from rent obligations simply because the landlord is a government entity.

Long-term non-payment: Even when a landlord delays taking legal action for several years, the tenant’s obligation to pay rent does not disappear. However, statute of limitations may affect claims for very old rent arrears.

Eviction rights: Non-payment of rent is a valid ground for terminating a lease and evicting a tenant under Chinese law.

Practical Lessons

For landlords: Document all rent demands and communications with tenants. Prompt legal action is advisable when tenants stop paying, rather than waiting for years.

For tenants: Even if you believe you have reasons to withhold rent, you must have legal grounds and evidence. Simply refusing to pay and refusing to vacate will result in court-ordered eviction.

Case citation: (2012) Li Sui Min Chu Zi No. 42, Suichang County People’s Court, Zhejiang Province.