[Direct answer]In the Beijing area, first check the leasing situation, then agree on the transfer of ownership and the allocation of rent. According to Article 725 of the Civil Code of the People's Republic of China, if the ownership of the leased property changes during the lease term, it shall not affect the validity of the lease contract, which is commonly known as the principle of "sale does not break the lease". According to Article 726, if the lessor sells the leased house, he shall notify the lessee within a reasonable period before the sale, and the lessee shall have the right to purchase the house on the same terms. Before purchasing the house, the buyer should verify the lease contract term, rent standard, deposit, whether the long-term rent has been collected in one go, confirm whether the lessee has waived the right of first refusal, and specify the transfer of ownership, allocation of rent, and eviction arrangements in the sales contract.

1. Problem background and typical scenarios

When viewing the house, it was occupied by tenants. The seller said that the lease was about to expire and the tenants could vacate the property at any time, but the buyer was worried that they might not be able to take possession of the house after purchasing it, or that the rent had already been prepaid for several years. Related long-tail searches focused on "Can you buy a house with a lease?", "How to deal with the unbroken lease in a sale and purchase transaction?", and "What should you pay attention to if there are tenants in a second-hand house?". Buying a house with a lease is not impossible, but it's important to clearly assess the risks and financial implications.

II. Key points of contention

The dispute focuses on four points: first, the binding effect of the sale and purchase agreement on the buyer despite the existing lease agreement; second, the handling of the lessee's preemptive right to purchase; third, the ownership of the long-term rent and the deposit already received; and fourth, the agreements on the delivery of the property, the vacating of the premises, and the settlement of the rent.

III. Professional analysis by Henglue Lawyers

The first layer is the binding force of the lease clause that the sale does not terminate the lease. If the leased property is transferred during the lease term while the lessee is in possession, the lease contract remains effective for the new owner, and the new landlord cannot require the tenant to move out early solely on the basis of obtaining ownership. This means that the buyer may not be able to occupy the property for a period of time, and the purchase purpose and price should be evaluated in light of the lease term. The second layer is the handling of the preemptive right of purchase. The lessor shall notify the lessee of the sale of the leased property within a reasonable period before the sale, and the lessee enjoys the preemptive right of purchase under the same conditions. If the sale is carried out without notification, the lessee may claim compensation or initiate disputes, so the lessor should be required to provide written materials showing that the lessee has waived the preemptive right of purchase. The third layer concerns the rent and deposit. The ownership of the prepaid and collected rent needs to be specified in the contract, typically divided based on the transfer of ownership or the actual delivery date. The deposit is generally inherited by the new landlord in the lease relationship, and both parties should make arrangements for the transfer and return of the deposit to avoid disputes when the tenant moves out. The fourth layer involves the handover and vacating of the property. The contract should specify the delivery time, the current condition of the property (whether it is delivered with tenants), the rent settlement method, and the transfer of utilities and cooperation obligations of the lessee. If a deadline for vacating the property is stipulated, the breach of contract liability for late vacating should be clearly defined. Henglue Lawyers remind that it is essential to inspect the original lease contract on-site and verify the lease term before signing the contract. If the property is subject to mortgages, seizures, or the lessee's arrears in rent, these circumstances should also be investigated and the lessor should be required to make a commitment of no rights defects in the contract, clarify the breach of contract and termination clauses, and avoid discovering that it is impossible to properly receive the property or collect the rent after the transfer of ownership.

IV. Practical Suggestions and Legal Basis

Action list: First, retrieve and review the lease contract and the vouchers for rent and deposit; Second, verify whether the lessee has waived the right of first refusal and keep the written materials; Third, specify the arrangements for vacating the premises and the liability for breach of contract in the contract; Fourth, clarify the arrangements for vacating the premises and the liability for breach of contract. Main legal basis: Articles 725, 726, 728, and 730 of the Civil Code of the People's Republic of China (effective January 1, 2021); relevant provisions of the Urban Real Estate Management Law. For matters related to property sales and construction projects, you can refer to the following documents for further information:Real estate transactions and construction projectsThe team handles cases involving lease and contract disputes, which can be combined togetherBusiness and contract disputes in enterprisesService processing.

5. Henglu Law Firm's Advice

There are three key points to note when buying a house with a lease: the lease agreement prevails over the sale contract, so the tenant cannot be evicted before the lease expires; first confirm that the lessee waives the right of first refusal; and the rent deposit and the handover of the property should be specified in the contract before signing the agreement. For real estate transactions, you can consult the following channels for assistance:Property sales and construction projectsThe team will handle it. For any questions regarding the lease contract, please feel free to consult us.Business and contract disputes in enterprisesFor those involved in difficult property disputes, they can refer to the following information for reference.Special servicesColumn.

VI. Frequently Asked Questions

Q1: Can I buy a house with a lease?

You can buy it, but you need to evaluate the lease term and its usage. The principle of "sale does not break the lease" applies here. During the lease term, the lease contract will continue to be valid for the new landlord, and the buyer may not be able to move in immediately. Therefore, corresponding agreements should be made regarding the price, the handover, and the vacating arrangements.

Q2: How to deal with the situation where the sale of a property does not terminate the existing lease agreement?

First, verify the actual lease term and rent of the lease contract, and estimate the need for self-occupation or rental income. Agree with the seller on the arrangements for handover and eviction, and, if necessary, reflect the restrictions imposed by the lease in the contract price and payment deadlines.

Q3: Do tenants have the right of first refusal?

Yes. The lessor shall notify the lessee within a reasonable period of time before selling the leased house, and the lessee shall have the right of first refusal under the same conditions; before purchasing the house, the lessor shall confirm that he has notified the lessee and obtained the lessee's written waiver.

Q4: Who does the collected long-term rent belong to?

It shall be divided according to the contract. Generally, the dividing point is the date of transfer of ownership of the house or the actual delivery date. The rent that has expired or been collected before the settlement date belongs to the original landlord, and the rent after the settlement date belongs to the new landlord. The deposit usually follows the transfer of the lease relationship.

Q5: What should I do if the tenant refuses to move out after purchasing the property?

During the lease period, if the tenant legally occupies the property, the new landlord generally cannot forcibly demand their eviction. If the tenant refuses to move out when the lease expires as agreed, the landlord may claim breach of contract liability according to the contract and handle the matter in accordance with the law. It is strictly prohibited to resort to private means such as cutting off water and electricity supplies to force the tenant to move out.

The above answer is based on the judicial practice in Beijing. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limit. →Legal services for real estate transactions·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in a timely manner.