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First, according to the provisions of the Civil Law, the sale does not break the lease (there are two exceptions: mortgage first, then lease; or first seized, then leased).
So as long as the contract you signed has not expired, you can continue to rent. But after the expiration, it depends on whether the new landlord is willing to rent to you.
Second, when was the contract between the old landlord and the new landlord signed?
If they signed it during your tenancy, did the old landlord inform you that "he was going to sell the house"? Because you have the right of first refusal, you can go to court to claim the right of first refusal and ask the court to annul the sale and purchase relationship between the old landlord and the new landlord.
However, if there are exceptions to the right of first refusal, the following circumstances are exceptions:
1. The new landlord is a close relative of the old landlord.
2. Purchased by a bona fide third party and has been registered.
3. It is the co-owner of the house who exercises the right of first refusal.
4. The old landlord informed you that he was going to sell the house, and you did not indicate it within 15 days.
Take a good look at the contract with the old landlord, are there any special provisions that allow you to claim liquidated damages or whatever.
In reality, if the contract hasn't expired and they want you to move out, you can go and claim compensation from the old landlord.
The other party does not have the right to enforce, only the court has. Even if you're going to move out, they'll have to give you a reasonable amount of time, don't be afraid.
I wish you a speedy solution.
If you want to consult, just call 89981100
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First of all, there must be evidence that your uncle has not received news from the landlord about the sale of the house.
Without the consent of the tenant, if the property owner buys and sells the ownership of the house during the lease period, the tenant has the right to go to the court to request the revocation of the sale. If there are cases, the chances of winning the case are basically large.
Even if you don't move, the landlord can't force you to move, and only the court can enforce it.
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It depends on the lease agreement signed between you.
As for the lessee's right of first refusal, this is more difficult to operate in practice.
You can send a letter to the lessor to inform them of the grace period and moving out.
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If the landlord wants to sell the rented shop, the party has the right of first refusal.
According to the law, if the lessor sells the leased premises, it shall notify the lessee within a reasonable period of time before the sale, and the lessee has the right of first refusal to purchase on the same terms. The landlord must inform the tenant in advance when selling the shop, and the tenant shall make an indication within 15 days after receiving the notice, and if it fails to make an indication, it shall be deemed to have waived the right of first refusal. After receiving the notice of sale, if the tenant has no idea of purchasing, he can express to the landlord that he will give up the right of first refusal of the house, in this case, the lessee does not need to worry, the transfer of the ownership of the shop will not have an impact on the lease contract, and the tenant can continue to destroy the house in accordance with the lease contract and continue to exercise the right to use the house.
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 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 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.
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Summary. Hello, after my inquiry, the landlord wants to sell the shop, generally speaking, it should continue to perform the contract during the lease period, and inform the tenant in advance before selling the shop, otherwise the tenant can claim reasonable compensation from the landlord, if not, it can be resolved through the court. It depends on how the rental agreement between you and the landlord stipulates that the landlord has the right to sell the shop at any time during the tenancy period, then do as stipulated in the agreement, if this clause is not written in the agreement, the landlord should negotiate with you to settle and give you some compensation.
Hope the above information is helpful to you.
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Hello, after my inquiry, the landlord wants to sell the shop, generally speaking, it should continue to perform the contract within the lease period, and inform the tenant in advance before selling the shop, otherwise the tenant can claim reasonable compensation from the landlord, if not, it can be resolved through the court. If it is clear in the agreement that the landlord has the right to sell the shop at any time during the tenancy period, then it will be done according to the agreement, and if this clause is not written in the agreement, the landlord should negotiate with you to settle it and give you some compensation. Hope the above information is helpful to you.
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Summary. Hello, <>
<> during the lease period of the tenant, when the lessor wants to sell the house, the lessee has the right of first refusal if the conditions are the same. If the lessee does not purchase, the sale and purchase relationship that occurs later cannot break the lease relationship in the previous period.
What should I do if the landlord of the rented shop wants to sell.
Hello, [Hey Yanziha] <>
<>, when the lessor wants to sell the house during the lease period of the tenant, the tenant has the right of first refusal if the conditions are the same. If the lessee does not purchase, the sale and purchase relationship that occurs later cannot break the lease relationship that was rotten in the early stage.
The right of first refusal, also known as the right of first refusal, refers to the right enjoyed by a specific person in accordance with the provisions of the law or the contract, and when the subject matter of the sale is delayed to a third party, the right to be purchased by another person under the same conditions.
Article 725 of the Civil Code [Ownership Change Does Not Break the Wild Sedan Car Leasing] 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 [Right of Priority of Housing Lessee] If the lessor sells the leased house, it shall notify the lessee within a reasonable period of time before the sale, and the tenant shall have the right of first refusal to purchase 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 make a clear purchase within 15 days after the lessee has fulfilled its notification obligation, it shall be deemed that the lessee has waived the right of first refusal. Article 727: [Entrusted Auction Situation: The Right of First Refusal of the Tenant of the House under Brother Wu] Where the lessor entrusts the auctioneer to auction the leased house, it shall notify the lessee five days before the auction. If the lessee does not participate in the auction of the orange section, it shall be deemed to have waived the right of first refusal.
Article 728 [Legal Consequences of Infringement of the Tenant's Right of First Refusal] If the lessor fails to notify the lessee or has 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 for the transportation of goods. However, the validity of the contract for the sale and purchase of the house entered into between the lessor and the third party shall not be affected.
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Legal analysis: You can negotiate with the lessor (landlord), you can choose to buy the house under the same conditions, or you can choose to sign a three-party agreement that the purchaser can continue to lease the house after purchasing the house. Of course, if the agreement with the previous landlord has similar terms, such as the right to continue to lease the property under certain conditions.
Of course, if the lessor or the purchaser insists on moving out, according to the agreement, it can be required to compensate for the loss, such as transfer fees, decoration costs, etc.
Legal basis: Civil Code of the People's Republic of China in Zhonghong Zaohehua
Article 707: Where the lease period is more than six months, it shall be in writing. If the parties do not use written form, it is impossible to confirm Article 707 Where the term of the lease is more than six months, it shall be in written form. If the parties do not adopt written form and cannot determine the term of the lease, it shall be deemed to be an indefinite lease.
If the lease term is fixed, it shall be regarded as an indefinite lease.
Article 710 The lessee shall not be liable for compensation if the leased property is used in accordance with the agreed method or according to the nature of the leased property, resulting in the loss of the leased property.
Article 715 The lessee may, with the consent of the lessor, make improvements to the leased property or add other things. If the lessee improves or adds other things to the leased property without the consent of the lessor, the lessor may request the lessee to restore the original state or compensate for the loss.
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Legal analysis: During the lease period, the homeowner can ** the house, but must inform the tenant 30 days in advance, and the tenant has the right of first refusal. If the contract does not expire and the rental house is owned by a third party, it can continue to lease according to this contract, which is the principle of non-breaking lease in civil law.
Legal basis: Article 726 of the Civil Code of the People's Republic of China If the lessor sells the 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 under the same conditions; However, this does not apply to the co-owners of the house who exercise the right of first refusal or where the lessor sells the house to a close relative. If the lessee fails to make a clear 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.
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Legal analysis: if the sale does not break the lease, the lease contract can be required to continue to be performed by the buyer who bought the house, even if the house is bought and sold, it will not affect the lease contract of the house, and the lease contract signed with the landlord of the original nuclear group socks will continue to be valid (but the landlord has changed).
Legal basis: Article 725 of the Civil Code of the People's Republic of China If the leased property is issued or the ownership of the leased property changes within the period of possession of the lessee in accordance with the lease contract, the validity of the lease contract shall not be affected.