Essential guide for foreigners renting in China. Learn how to avoid full liability for fire damage (like a 121,000 RMB lawsuit case), understand tenant vs. landlord responsibilities under China's Civil Code, and get practical tips on safety inspections, contract terms, and personal liability insurance.
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A recent case in Xianyang, Shaanxi Province serves as a serious warning: a tenant caused a fire by using a power bank, damaging the apartment and furniture. The court ordered the tenant to pay the landlord 121,000 RMB in compensation. For foreigners living in China, this case is highly instructive: Most residential properties in China have NO insurance coverage. When an accident occurs, full liability and compensation fall on the individual at fault.
In China, fewer than 5% of rental apartments are covered by home property insurance. For accidents such as fires, water leaks, or electrical damage, compensation must be paid by either the landlord or the tenant based on fault. If negotiation fails, the only option is to file a lawsuit.
Under Article 714 of the Civil Code of the People's Republic of China, a tenant who causes damage to the leased property due to improper use shall bear full liability for compensation.
Examples include: power bank fires, illegal use of electricity, unauthorized wiring, and use of uncertified electrical appliances. Once the fire department confirms the tenant is at fault, the tenant must pay for property repairs, damaged furniture and appliances, and lost rent. The 121,000 RMB award in this case was exactly the direct loss verified by the fire department plus rental loss, which the court directly accepted.
On the other hand, if the accident is caused by the landlord's fault — such as aging wiring, gas hazards, or defective appliances — under Article 712 of the Civil Code, the landlord is liable for failing to fulfill maintenance and safety obligations. However, many landlords deny responsibility by claiming "improper use by the tenant," often forcing a lawsuit. Foreigners usually face great difficulty in defending their rights due to unfamiliarity with Chinese legal procedures and language barriers.
Four Practical Solutions：
1. Before moving in, inspect wiring, sockets, and electrical appliances. Take photos as evidence if you find aging or damaged parts, and require the landlord to replace them.
2. Strictly prohibit unsafe electricity use: do not use uncertified appliances; avoid charging power banks or mobile phones on beds for long periods; always disconnect power when leaving the room.
3. Clarify safety responsibilities, accident handling, and compensation terms in the rental contract. Keep chat records, payment receipts, and photos of the property. In case of a dispute, call the police immediately and ask the fire department to issue an official fire accident certificate.
4. Purchase personal accident insurance and personal liability insurance. These may cover the landlord's property losses and your own belongings caused by fires, water leaks, etc.
Before renting, ask whether the apartment is insured. If you plan to buy your own policy, fully discuss coverage, exclusions, and claims conditions with the insurance company or broker. Keep your insurance contract and payment receipts. In case of an accident, report to the police, fire department, and insurer immediately to preserve evidence.
Note: Insurance terms, coverage, and exclusions vary by insurer and product. All rights and obligations are subject to the official insurance contract.
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