The situation: A foreign tenant partially or fully sublets their flat to a third party through a platform such as Airbnb or directly to a friend without notifying the landlord.
Applicable law: Article 716 of the Civil Code requires the landlord's explicit consent for subletting. Subletting without consent allows the landlord to terminate the contract and evict the original tenant while claiming compensation. Short-term letting through platforms such as Airbnb in China also requires temporary accommodation registration with the police.
Typical outcome: A landlord who discovers unauthorised subletting issues an immediate termination notice with a claim for compensation for the damage.
📜 Civil Code (general rules) · Awareness case
Subletting the Flat — What the Tenant Is Entitled to and What Exposes Them to Liability · Yalla China
🤝 Governing law: 民法典 / Civil Code Art 716; 租赁合同规定
A foreigner wants to sublet their rented flat to a friend while they travel. Are they entitled to do this without the landlord's consent?
Illustrative, general educational examples — not real specific facts and not legal advice; for awareness only. For an actual situation, consult a licensed lawyer.
🎓 The lesson / takeaway
Lesson: Obtain written permission from the landlord before any subletting. In the tenancy contract, the right to partial subletting can be negotiated in advance.
🕒 Updated: 16 March 2026