If the house agreement has not expired, can you sell the house?

Summary. Hello dear Hello During the rental period, the rental contract is still valid, because China's Civil Code clearly stipulates the principle that the sale does not break the lease, even if the ownership of the house changes, the tenant can continue to use and occupy the rental house according to the original lease contract. Article 725 of the Civil Code of the People's Republic of China If the ownership of the leased property changes during the period of possession of the lessee in accordance with the lease contract, the validity of the lease contract shall not be affected.

If the rental contract has not expired and the house is sold, is the contract still valid?

Hello dear Hello During the rental period, the rental contract is still valid, because China's Civil Code clearly stipulates the principle of not breaking the lease of the sale, even if the ownership of the house changes, the lessee can continue to use and occupy the rental house according to the original lease contract. Article 725 of the Civil Code of the People's Republic of China If the ownership of the leased property changes during the period of possession of the leased property in accordance with the lease contract, the validity of the lease contract shall not be affected.

According to the provisions of the Civil Code, if the lessor agrees to the lease, the lessee may sublease the leased property to another person during the lease period. Article 716 of the Civil Code of the People's Republic of China The lessee may, with the consent of the lessor, sublease the leased property to a third party. If the lessee subleases, the lease contract between the lessee and the lessor shall continue to be valid; If a third party causes disturbance to the leased property, the lessee shall compensate for the loss.

Liquid Denier. The landlord signed a contract with the tenant and sold the house to me before it expired, if the tenant has a dispute, does it have anything to do with me, the buyer?

Hello dear, this has nothing to do with you. This is that the tenant has to go to the original landlord to find liquidated damages.

If the tenant pesters you, you can talk to the tenant first, and negotiate with him to sue the original landlord.

If the landlord compensates the tenant for liquidated damages, how do you need to cancel the contract or sign an agreement, such as a letter of agreement, etc., if the scum socks don't get me to buy a bucket, I won't have any disputes with me.

Even if you buy it, this matter has nothing to do with you, this kind of thing is actually very simple, and the contract will be invalid after the liquidated damages are paid.

I don't understand this, yesterday I signed a contract with Minmin's landlord to buy a house, but there is an agent to help us handle it, the first thing to do is to be afraid that the tenant will not move or pay liquidated damages if he does not destroy the contract or pay liquidated damages.

Because of the problem, we have an unpleasant quarrel with the landlord, and I am afraid that he will make a fake long-term lease contract for a long time.

Hello dear, you can rest assured about this, no, this has nothing to do with you, you don't have to worry.

The lease contract has not expired and the house can be sold, but the lease contract remains valid until the end of the lease term after the house is sold. This means that the buyer still needs to fulfill the lease contract after purchasing the house, and the tenant can continue to rent the house until the end of the lease period.

1. The lessor's right to transfer and repossession.

The owner of a private house is legally required to transfer his property. However, during the lease period, in order to protect the residential interests of the tenant, the lessor is subject to certain restrictions on the transfer of its premises

Clause. 1. After the lessor transfers the house, the transfer of the house does not affect the validity of the lease, and the lease contract still has the effect of the new owner of the house, and the lease relationship exists between the lessee and the new owner during the lease term agreed in the contract;

Clause. 2. If the lessor sells the leased premises, it shall notify the lessee within a reasonable period of time before the sale, and the lessee shall have the right of first refusal to purchase the property under the same conditions.

At the expiration of the lease term, the lessor has the right to take back the house, and the lessor shall return the leased house.

2. Whether the lease contract is valid if the enterprise is bankrupt.

The business goes bankrupt and the lease contract remains valid. According to Article 725 of the Civil Code implemented in 2021, if the ownership of the leased property changes during the period of possession of the lessee in accordance with the lease contract, the validity of the lease contract shall not be affected. Article 726 stipulates that if the lessor sells the leased premises, it shall notify the lessee within a reasonable period of time before the sale, and the lessee shall have the right of first refusal to purchase the property under the same conditions; However, this does not apply where the co-owners of the house exercise the right of first refusal or the lessor sells the house to close relatives.

If the lessee fails to expressly indicate the purchase within 15 days after the lessor has fulfilled the notification obligation, it shall be deemed that the lessee has waived the right of first refusal.

3. What problems should be paid attention to when renting a house?

When renting a house, pay attention to the following issues:

1. Determine that the house to be leased is a legally built house with a house ownership certificate;

2. Check the identity of the landlord;

3. Sign a written housing lease contract, and if the lease period is less than 6 months, you can not sign a written contract;

4. Determine whether there are other rights on the house, such as whether it is mortgaged;

5. Check the current situation and quality of the house;

6. The tenant should pay special attention to the payment of rent, how to pay it, and what are the conditions for returning the deposit at the end of the lease period;

7. If you want to find the best through the intermediary company, you must check the business license of the intermediary company to avoid encountering black intermediaries;

8. Whether you are looking for a house by yourself or an intermediary, you should pay attention to every clause when signing the contract, including the conditions for breach of contract and supplementary agreements.

Article 725 of the Civil Code provides that if the ownership of the leased property changes during the period of possession of the lessee in accordance with the lease contract, the validity of the lease contract shall not be affected.

Legal analysis: Yes, but it does not affect the performance of the lease contract. Combined with the requirements of the principle of "sale and purchase do not break the lease" in the Civil Code of the People's Republic of China, during the housing lease period, if the house is leased to other third parties, it is generally not possible to request the early termination of the housing lease contract at this time.

This means that in fact, the person who buys the house also needs to perform in accordance with the housing lease contract signed between the tenant and the lessor, and if the lessor or the buyer asks the tenant to move out in advance, the lessee has the right to refuse. In addition, subject to the principle of non-breakable lease of sale, although the lessor has the right to dispose of his own house, it is also allowed to sell the leased house to another person during the lease period, but the sale and purchase relationship does not affect the previous lease relationship. At this time, the buyer also needs to inherit the obligations of the lessee, and needs to continue to perform the previous lease contract for the remainder of the lease period.

Legal basis: Civil Code of the People's Republic of China

Article 726 Where a lessor sells a leased house, it shall notify the lessee within a reasonable period of time before the sale, and the lessee shall have the right of first refusal to purchase the property under the same conditions; However, this does not apply to the co-owners of the house by shares exercising the right of first refusal or the lessor selling the house to close relatives.

If the lessee fails to make a clear statement of purchase within 15 days after the lessor has fulfilled its notification obligation, it shall be deemed that the lessee has waived the right of first refusal.

Article 728 Where the lessor fails to notify the lessee or there are other circumstances that hinder the lessee's exercise of the right of first refusal, the lessee may request the lessor to bear the responsibility for compensation. However, the validity of the contract for the sale and purchase of the house concluded between the lessor and a third party shall not be affected.

If the rental date does not arrive, it is not a breach of contract for the owner to sell the house and touch the plums. If there is any dispute between the sale and purchase of a private house during the lease period, the lease relationship will not be affected, the original lease will continue to be valid, and the buyer cannot deny the existence of the original lease relationship and demand the lessee to return the leased property on the grounds that he has become the owner of the leased property.

[Legal basis].Article 725 of the Civil Code.

If the ownership of the leased property changes during the period of possession of the lessee in accordance with the lease contract, the validity of the lease contract shall not be affected.

Article 728.

If the lessor fails to notify the lessee or there are other circumstances that hinder the lessee's exercise of the right of first refusal, the lessee may request the lessor to bear the liability for compensation. However, the validity of the late contract for the sale and purchase of the house concluded between the lessor and a third party shall not be affected.