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During the renting period, if you encounter a landlord who sells the property and finds someone to come in and see the property, this may cause some inconvenience to your residence. First of all, you need to find out if there is a provision in the rental contract about this situation. If not, you can communicate with the landlord to express your concerns and grievances, and ask the landlord to respect your rights.
If the landlord is still insisting on selling and needs to interrupt your viewings frequently, there are a few options you can consider:
1.Take a look at the rental market** and see if you can negotiate a rent increase with your landlord to offset the inconvenience of frequent interruptions.
3.If you are very unhappy with the landlord's behaviour and believe that it is a breach of the tenancy contract, you can seek legal assistance and ask the landlord to take responsibility for the breach of contract.
Whatever you do, you should keep all the evidence, including records of your communications with your landlord and your visitor's visits, in case you need to use them in the future.
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During the rental period, the right to use the house has been legally transferred by the landlord to the tenant, so if the renter agrees, then the landlord can bring someone to see the property, if the renter does not agree, the landlord does not have the right to take someone to see the property directly. In real life, tenants generally do not directly and willfully refuse the landlord's request, which will lead to the deterioration of the relationship between the two parties. It is better to cooperate as much as possible and understand each other, so as not to cause trouble to life.
If the viewing really affects the normal life of the tenant, the tenant can completely refuse the landlord's behavior of taking the tenant to see the property.
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Looking at the rental contract, has the house expired? If the landlord unilaterally breaks the contract before it expires, you can ask for compensation, check-out rent, or compensation, I hope it can help you.
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The two sides should consult with each other. You must be present to view the property. Otherwise, if something goes wrong, who is responsible?
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Legal analysis: If the housing lease contract has not expired, the landlord has the right to refuse if he brings someone to see the house one month in advance. According to 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 has 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 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. 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 contract for the sale and purchase of the house concluded between the lessor and a third party shall not be affected.
Before the formal delivery of the house, both parties to the transaction should sign a "lease contract", both parties should do it according to the agreement, and there is a constraint on both parties, so that there will be fewer unnecessary conflicts in the future, and there will be evidence when there are contradictions, so as to avoid big troubles.
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.
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 contract for the sale and purchase of the house concluded between the lessor and a third party shall not be affected.
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Summary. Hello, during the rental period, if the landlord wants to sell the house, according to the law, as a tenant has the following rights. First, the right of first refusal, with the same purchase amount, the tenant can have the first refusal to purchase, and second, the sale does not break the lease, which means that during the lease period, even if the landlord sells the house, as a tenant still has the right to live during the lease period.
Hello, during the rental period, if the landlord wants to sell the house, according to the law, as a tenant has the following rights. First, the right of first refusal, with the same purchase amount, the tenant can have the first refusal to purchase, and second, the sale does not break the lease, which means that during the lease period, even if the landlord sells the house, as a tenant still has the right to live during the lease period.
The lease time is October 27, 19 to 20 years, after not signing the contract again but continue to rent, last month because the landlord wanted to sell the house to find an intermediary to shoot ** I feel uncomfortable afraid that someone will come to see the house in the later stage I quit the rent, a quarter of rent due on April 26, I moved out on the 20th, can I ask for a refund of 6 days of rent.
Hello, it depends on the agreement in the lease contract you signed.
If it is agreed that the rent can be refunded if you quit the lease early, you can ask for a refund.
Because the sofa curtains were scratched by cats, the landlord did not give a deposit, but continued to ask me to pay 600 yuan for the light bulb and the bedroom door key, is this reasonable?
Hello, depending on the specific degree of damage and the value of the item, if it does not affect the use, the excessively high amount is unreasonable.
Both of the ones you send are the same.
The deposit is no longer refundable, but I am still required to pay it.
Hello, according to the contract, you can ask for a refund of the remaining rent.
For compensation, the advice to you is that if compensation is required, the landlord needs to submit a proof of damage, proving the actual loss.
Ask about custom messages].
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1. During the rental period, if the landlord intends to sell the house and asks the tenant to move in advance, it is a breach of contract, the tenant can sue the landlord for breach of contract, and require the landlord to pay the corresponding liquidated damages (normally one month's rent is the liquidated damages), and the landlord must give the tenant enough time to move; If the landlord intends to sell the property, but does not require the tenant to move early, it is not counted as a breach of contract, but it is enough to change the name of the landlord in the contract to the name of the current landlord.
2. After the landlord sells the house, if the new landlord does not recognize the original lease contract and requires the tenant to move out, the tenant can continue to rent the house according to the lease contract, which has nothing to do with whether the new landlord recognizes the lease contract.
3. During the lease period, even if the landlord gives the house to another person, it will not affect the lease relationship between the two parties, and the other person shall not deny the original lease relationship, and shall not require the tenant to return the leased property, and shall follow the principle of buying and selling without breaking the lease.
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If the landlord sells the house during the rental period, the tenant shall be notified to exercise the right of first refusal within a reasonable period of time before the sale, and the landlord who refuses to purchase or does not clearly indicate the purchase within 15 days of notice may sell it to a third party, and the tenant may continue to perform the rental contract.
1. What should I do if I don't have a contract in the rental room?
The landlord terminates the rental contract in advance, the tenant does not move out, and the landlord forcibly takes back the rental and takes possession of the tenant's property, and the two parties can move out by agreement. However, if the lease contract has not expired, even if the landlord is willing to pay liquidated damages, the tenant can not move out, and the tenant has the right to follow the contract. If the landlord violates the rental contract, in addition to liquidated damages, other damages must be compensated.
2. How to exercise the lessee's right of first refusal.
1. The "right of first refusal" of the tenant means that if the lessor wants to sell the leased house, 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 under the same conditions.
2. The lessee exercising the right of first refusal shall clearly indicate the purchase within 15 days after the lessor fulfills the obligation to notify, otherwise it shall be deemed to have waived the right of first refusal. In addition, the tenant is not entitled to exercise the right of first refusal in the event of a pre-emptive purchase by the co-owner, sale of the property by the lessor to a close relative, or purchase of the leased property by a third party in good faith and the registration procedures have already been completed.
3. If the original owner fails to notify the tenant of the house within a reasonable period of time when selling the house, which infringes the tenant's right of first refusal under the same conditions, the lessee can claim that the original owner shall be liable for the losses caused to him, but the lessee cannot claim that the house sale contract signed between the original owner and the new owner is invalid.
3. Can the house still be mortgaged or bought and sold after it is mortgaged?
After renting out the house, you can also remortgage the house or buy or sell the house.
According to Article 405 of the Civil Code, which came into effect in 2021, if the mortgaged property has been leased and transferred to possession before the establishment of the mortgage, the original lease relationship shall not be affected by the mortgage implication.
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 make a clear indication within 15 days after the lessor has fulfilled its obligation to notify the lessor, it shall be deemed that the lessee has waived the right of first refusal.
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If the landlord sells the house during the rental period, the validity of the lease contract will not be affected.
This is the principle of sale and lease without breaking the lease, which has three constituent elements:
First, the lease contract is legal and valid;
Second, the right to transfer the sold stuffy tung is legal and valid;
Third, the lease contract precedes the transfer of ownership.
Therefore, the tenant has the right to continue the lease in accordance with the contract until the expiration of the lease term.
1. Is the lessor's death contract still valid?
The lessor's death contract remains in force. When the lessor's heirs inherit the house, the heirs automatically become the new property owners, and both parties should continue to perform the contract, and the lessor's heirs have no right to repossess the house. According to the law, if the lessee changes his ownership during the possession period of the lease contract, the validity of the lease contract shall not be affected.
According to 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 tenant dies during the lease term, the person who lived with him or the co-operator may lease the house in accordance with the original lease contract.
2. What does the principle of buying and selling not breaking the lease mean?
1. The principle of non-breaking lease means that during the lease period, if the ownership of the leased thing changes, the lessee has the right to require the transferee of the leased property to continue to perform the original lease contract, and the transferee of the leased thing has no right to require the lessee to return the leased property with the owner of the leased thing. 2. According to the principle, it can be seen that as long as the lease occurs before and the change of ownership occurs during the lease period, the lessee has the right to oppose the owner of the property on the grounds that it is the legal lessee and the lease term has not expired. 3. Of course, if the lease expires, the owner of the property has the right to choose not to renew the lease contract with the lessee.
3. Is the original lease contract still valid after the house is sold?
The original lease contract is still valid after the house is sold. A change in the ownership of the house does not affect the validity of the lease contract. In addition, if the lessor sells the house, it needs to notify the lessee within a reasonable period of time before the sale, and the lessee has the right of first refusal.
According to the relevant laws 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 has 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.
Article 725 of the Civil Code stipulates 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.
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If the landlord sells the house during the rental period, the validity of the lease contract will not be affected.
This is the principle of sale and lease without breaking the lease, which has three constituent elements:
First, the lease contract is legal and valid;
second, the act of Tanzania in the transfer of ownership is legal and valid;
Third, the lease contract precedes the transfer of ownership.
Therefore, the lessee has the right to sell the stuffy tung and continue to lease it until the expiration of the lease in accordance with the contract.
Legal basis] Article 725 of the Civil Code provides that if the ownership of the leased property changes within the limit of the lessee's possession in accordance with the lease contract, the validity of the lease contract shall not be affected.
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