[Direct answer]After the transfer of ownership, it should generally be handed over to the new landlord. 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 term of possession by the lessee in accordance with the lease contract, it shall not affect the validity of the lease contract, and the new owner shall generally assume the rights and obligations of the original lessor; from the date of transfer of ownership of the house (usually based on the completion of the transfer of ownership registration of the real estate), the right to collect rent shall belong to the new landlord, and the lessee shall pay the rent to the new landlord after that. The ownership of the rent that has expired or been prepaid before the transfer of ownership shall be handled in accordance with the provisions of the house sale contract; if there are no provisions in the contract, it shall generally be divided according to the date of transfer of ownership or actual delivery.

1. Problem background and typical scenarios

The house I just bought is still being rented out. Who should the tenant pay the rent to this month? The original landlord said it should be paid to him, but the new landlord claims that he is the actual owner of the property. Related long-tail searches focus on "who gets the rent after the house transfer", "who should the tenant pay the rent to if the house is purchased", and "the ownership of the rent after the sale and leaseback". The answer depends on a key point: when does the ownership of the house transfer, and what is stipulated in the contract.

II. Key points of contention

The dispute focuses on four points: first, when the right to collect rent transfers with the transfer of ownership; second, the ownership of the rent collected before the transfer of ownership; third, the lessee's obligation to be informed of and cooperate with the change of the landlord; fourth, the recovery and settlement between the original landlord and the new landlord.

III. Professional analysis by Henglue Law Firm

First, the right to collect rent transfers with the transfer of ownership. The change of ownership of the house shall be subject to the real estate registration; after the transfer of ownership is completed, the new owner becomes the lessor in the lease relationship, enjoying the rights to collect rent and require the lessee to perform according to the contract, and the lessee shall also fulfill the obligation to pay rent to the new landlord. Second, the division of rent already collected. In practice, the lessor often collects rent for a long period of time at one time. If the rent has been collected before the transfer of ownership, it belongs to the lessor's benefits based on his/her identity at that time and is in principle owned by him/her; but the buyer and the seller may agree to share it according to the time proportion, or the seller may transfer the rent for the corresponding period to the buyer. Third, the lessee's status. The lessee does not need to sign a new lease contract due to the change of the landlord. The original lease contract continues to be effective for the new landlord; after receiving the notice of the change of the landlord, the lessee shall check the identity of the new owner and pay the subsequent rent to him/her. Paying to the wrong person may not constitute effective performance. Fourth, settlement and recovery. It is advisable to clearly specify the settlement date, the ownership of the rent and the handling method of the rent already collected in the sales contract; in case of disputes, the lessee may claim refund or settlement from the original landlord according to the contract, and the risk of being required to pay the rent twice can also be avoided by written notice and evidence management. Henglue Lawyers remind that the time difference between the transfer of ownership and the settlement is a high-incidence point of disputes over the ownership of the rent, so it is necessary to specify it in the contract. At the same time, if the seller has pre-collected long-term rent before the transfer of ownership but has not transferred it to the buyer, the buyer may claim settlement or refund according to the sales contract and, if necessary, resolve the dispute through litigation; if the lessee pays according to the instructions of the new landlord and keeps the receipts, he/she can effectively avoid the risk of paying the rent twice.

IV. Practical suggestions and legal basis

Action list: First, verify the completion time of the transfer and the settlement date; Second, clarify the ownership of the rent and the handling of the received rent in the sales contract; Third, notify the lessee in writing of the change of the landlord and require the lessee to pay the rent to the new landlord; Fourth, keep the receipts of the rent and settle disputes and seek compensation according to the contract. Main legal basis: Article 703, Article 721, and Article 725 of the Civil Code of the People's Republic of China (effective January 1, 2021); the provisions on real estate registration in the Property Law of the People's Republic of China. For real estate sales and construction projects, disputes can be resolved through legal channels.Property sales and construction projectsThe team handles matters related to leasing and contract settlement, which can be combined togetherBusiness and contract disputes in enterprisesService processing.

5. Henglu Law Firm's Advice

The ownership of the rent is governed by three principles: after the transfer of ownership is completed, the right to collect the rent belongs to the new landlord; the rent collected before the transfer of ownership shall be handled in accordance with the contract; after receiving the notice, the lessee shall pay the rent to the new property owner. If the payment is made to the wrong party, it shall not be considered as fulfilling the obligation. For real estate transactions, you can refer to the following methods for dispute resolution: 1. Arbitration by the local arbitration committee; 2. Litigation in the people's court; 3. Mediation by a third party.Property transactions and construction projectsThe team will handle it. For any questions regarding the lease contract, please feel free to consult usBusiness and contract disputes in enterprisesFor those involved in difficult property disputes, they can refer to the following for reference.Special servicesColumn.

VI. Frequently Asked Questions

Q1: After the house is transferred, who will receive the rent?

Generally, it belongs to the new landlord. From the transfer of the house ownership (usually based on the real estate registration), the right to collect the rent belongs to the new owner, and the lessee shall pay the subsequent rent to him/her; the rent collected before the transfer of ownership shall be handled in accordance with the contract agreement.

Q2: Who does the tenant pay the rent to for the house they bought?

First, check whether the transfer of ownership and the settlement of the transaction have been completed. After the settlement, the payment should be made to the new landlord; the rent that has expired before the settlement generally belongs to the original landlord. It is recommended that the lessee confirm the change of ownership in writing and make payments according to the instructions of the new owner.

Q3: Should the long-term rent already received be refunded?

Not necessarily. If it has been legally collected before the transfer of ownership, it generally belongs to the original lessor; if the sales contract stipulates that it shall be shared or transferred according to the period, it shall be handled in accordance with the agreement, and the buyer may also claim settlement for the corresponding period after the handover.

Q4: What should tenants do if they don't recognize the new landlord?

The new landlord may hold the real estate ownership certificate and the transfer of ownership certificate to notify the lessee in writing of the change of the landlord, and require the lessee to pay the rent to him/her according to the original lease contract; if the lessee refuses to perform or pays the rent to the wrong party, he/she may be held accountable according to the lease contract.

Q5: How to avoid rental disputes?

In the sales contract, specify the settlement date, the ownership of the rent, and the handling method of the received rent, and notify the lessee promptly after the transfer of ownership; retain the transfer certificate and the rent collection records, and settle disputes according to the contract or resolve them through litigation if necessary.

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 situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the 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. In the event of a dispute, please consult a practicing lawyer in a timely manner.