[Direct answer]In the Beijing area, if the other party refuses to vacate the property after the auction is completed, the buyer can legally request the court to enforce the delivery. According to Article 30 of the "Regulations of the Supreme People's Court on Auction and Sale of Property in Civil Enforcement of the People's Court" (issued in 2004, implemented on January 1, 2005, and amended in December 2020), after the court rules that the auction is successful, except for circumstances where the transfer is prohibited by law, the court shall transfer the auctioned property to the buyer within 15 days after the ruling is served; if the debtor or a third party who possesses the auctioned property refuses to transfer it, the court shall enforce the transfer by force. According to Article 29 of the same regulations, the ownership of the real estate shall be transferred to the buyer upon the ruling on the successful auction being served to the buyer. If the refusal to vacate and obstruction of enforcement are serious, the person involved may be fined or detained, and criminal responsibility may be investigated in accordance with the law for refusing to enforce judgments and rulings. It is recommended to apply to the enforcement court for forced eviction in a timely manner, and prepare the transaction confirmation, the ruling on the successful auction, and evidence of the current possession status. For specific procedures, please refer to the relevant guidelines.Creditor-debtor relations and enforcement case services.

1. Problem background and typical scenarios

After the auction is completed, disputes over vacating the property are very common in enforcement practice. Typical scenarios include: the housing in judicial auction is occupied by the original homeowner or their family members, who delay the process by claiming that they have no place to move or that the elderly are ill; the house is subject to long-term leases, and outsiders hold leases to assert their rights and obstruct the delivery; the house is actually controlled by outsiders under the guise of borrowing or lending; and after the buyer pays the full price, the original occupant refuses to cooperate with the delivery or even changes the locks and blocks the lock holes. Many people mistakenly believe that once they win the auction, the house belongs to them, and if the other party refuses to leave, they can only wait. In fact, eviction and physical delivery are statutory steps in the enforcement process, and the law provides clear remedies for buyers. For issues involving the ownership of real estate rights and transaction risks, you can refer to the relevant provisions of the Civil Code and other laws.Real estate sales and construction project servicesCoordinate and handle it comprehensively.

II. Key points of dispute

The focus of the housing eviction dispute lies in three aspects. Firstly, whether the possession has a legal basis: a lease right or other usufructuary right that was genuinely established before the seizure or mortgage may affect the scope and manner of the delivery; while those who maliciously occupy the property under the guise of a lease agreement or borrowing to evade enforcement will not be supported by the court. Secondly, the dispute resolution path: delivery disputes arising from auction activities should be handled through enforcement procedures and generally do not require separate filing of ordinary lawsuits to avoid procedural duplication. Thirdly, the boundaries of responsibility for resisting enforcement: those who disturb or besiege enforcement personnel, damage the property, or refuse to move out may be fined or detained; those who, in serious circumstances, are suspected of refusing to enforce judgments or rulings may be subject to criminal prosecution.Criminal defense and criminal case filing servicesEvaluate responsibilities. For cases involving the review of the authenticity of lease contracts, it may also be necessary to consider other factors in conjunction with this review.Business and contract dispute services for enterprisesClarify the basis for the occupation.

III. Professional analysis by Hengluo Law Firm

Based on practical observations in handling enforcement cases, the most common pitfall in eviction disputes is that buyers and original occupants engage in prolonged negotiations without promptly initiating the court's compulsory delivery procedures. In enforcement practice, courts have clear time limits for the transfer of auctioned property. Buyers can simply submit an application and cooperate with the court to complete steps such as notification, announcement, inventory, and removal, without needing to negotiate repeatedly with the original occupants on a case-by-case basis. Another common problem is insufficient pre-auction investigation: failing to verify the ownership and lease situations disclosed in the auction announcement, only to encounter occupancy disputes or "delivery with tenants" after the transaction, delaying the realization of rights. Henglu Lawyers typically recommend: carefully checking the ownership, lease, and defect information disclosed in the announcement before bidding; applying for delivery according to the transaction ruling after the sale; immediately applying for compulsory eviction against unauthorized occupants; and requiring third parties claiming leases or free lodging to submit contracts and payment receipts, while applying to the court to verify their authenticity according to law to prevent malicious delays.

IV. Practical suggestions and legal basis

The legal basis is Article 29 of the "Regulations of the Supreme People's Court on Auction and Sale of Property in Civil Enforcement of the People's Court" (issued in 2004, implemented on January 1, 2005, and amended in December 2020), which stipulates that the ownership of real estate transfers upon the completion of the auction or the delivery of the ruling on debt settlement; Article 30, which stipulates that the property shall be transferred within 15 days after the ruling is delivered, and those who refuse to transfer the property shall be subject to compulsory enforcement; the provisions of the "Civil Procedure Law of the People's Republic of China" (amended on September 1, 2023 and implemented on January 1, 2024) regarding the imposition of fines and detention on those who refuse to perform the obligations determined by effective legal documents and obstruct the enforcement actions; Article 313 of the "Criminal Law of the People's Republic of China", which stipulates the crime of refusing to execute judgments and rulings. Practical suggestions: Before participating in the auction, verify the information disclosed about possession and leasing; promptly sign and receive the transaction confirmation letter and the transaction ruling after the auction; apply to the enforcement court for delivery and submit evidence of the current possession status; apply for compulsory eviction as soon as possible if unauthorized possession occurs; and, if necessary, entrust a lawyer to follow up on the enforcement process. For more details, please refer to the following link:Creditor-debtor relations and enforcement case services.

5. Henglu Law Firm's Advice

The completion of the auction does not mean that the property will be immediately handed over, but it also doesn't mean that you can only wait passively. There are three key points to grasp: First, time awareness. After the completion of the auction, apply for delivery in a timely manner. Don't negotiate with the original occupant indefinitely on your own; Second, evidence awareness. Fix photos of the current occupation status, lease verification materials, and records of the other party's refusal to cooperate, which provide a basis for forced eviction; Third, boundary awareness. Distinguish between unauthorized occupation and legal leasing. For the former, you can apply for forced execution, while for the latter, you need to review the authenticity of the rights according to law. When the occupant is emotionally intense or there is group occupation, the court should deal with it according to law to avoid self-conflict. When in need of professional support, you can seek help from a professional agency.Special services and other case servicesDevelop a delivery plan.

VI. Frequently Asked Questions

Q1: After the auction is completed, if the other party refuses to vacate the house, can I win the enforcement application?

Whether the eviction can be carried out depends on whether the possession has a legal basis. According to Article 30 of the "Regulations on Auction and Sale", if the person subject to enforcement or a third party refuses to hand over the auctioned property when required to do so, the court may enforce the order by force; if the buyer applies for delivery and the person in possession has no right to possess the property or maliciously evades enforcement, the buyer's application for delivery will usually be supported. However, if the person in possession can prove that the lease or other rights were established before the seizure or mortgage and are genuine and valid, it may affect the scope and method of delivery. Therefore, before bidding, you should check the possession and lease information disclosed in the announcement. After the transaction, you should promptly apply for delivery and submit evidence of possession, and resolve the dispute through the enforcement procedure rather than confronting it on your own.

Q2: What evidence do I need to prepare to apply for vacating the house?

The core evidence includes: the auction transaction confirmation, the ruling on the transaction (satisfaction of the debt) and the delivery certificate (proving the acquisition of rights), the payment certificate, the auction announcement and the description of the current status of the subject (proving the possession situation known to the bidder at the time of bidding), photos or videos of the current status of the house possession, the lease contract and the rent payment records claimed by the occupant (used to verify the authenticity of the lease), and the records of communicating with the original occupant to request eviction. The organization of evidence should focus on the three points of "the rights have been transferred - the other party has the obligation to deliver - refusal to perform". If it is believed that the lease was maliciously forged, it can apply to the court to review the signing time of the contract, the payment of rent and the actual possession situation.

Q3: How much does it cost to forcibly evict someone from their home?

The forced eviction is carried out by the court, and the buyer does not need to pay additional eviction fees. The actual expenses incurred during the execution, such as relocation and storage, shall be borne by the party subject to enforcement in accordance with the law. If a lawsuit is filed in another case, the litigation fees shall be paid in accordance with the "Measures for the Payment of Litigation Fees", and the losing party shall bear the fees. The fees for hiring a lawyer vary depending on the workload and complexity of the case, and there is no unified standard. Before participating in the auction, it is recommended to consider the possible execution cycle and costs. In the case of complex situations such as group occupations and property rights disputes, it is advisable to hire a lawyer for an assessment as early as possible to avoid wasting resources on unnecessary costs.

Q4: How long does it usually take to forcibly evict tenants from a property?

The timeframe depends on the other party's cooperation. If the other party cooperates with the transfer, the court will complete the transfer within 15 days after the delivery of the transaction ruling; if the other party refuses to vacate, the court needs to carry out procedures such as notification, announcement, on-site inventory and relocation, which usually takes several months. If the third party raises objections to the delivery, the process cannot proceed until the results of the review of the objections or the lawsuit to enforce the objections are available, and the timeframe may be extended to more than half a year. The buyer should maintain communication with the enforcement judge, provide additional evidence in a timely manner, cooperate with on-site work, and avoid delaying the progress due to incomplete materials or poor communication.

Q5: If the other party refuses to leave, what should I do specifically?

It is recommended to proceed in four steps: Firstly, sign and receive the auction transaction confirmation letter and the transaction ruling to confirm the transfer of rights; Secondly, submit an application for delivery (forced eviction) to the enforcement court, attaching photos of the current possession status and information about the possessor; Thirdly, regarding the lessee or borrower claimed by a third party, require them to submit contracts and payment receipts, and apply to the court to review their authenticity according to law. For malicious occupations, resolutely request their removal; Fourthly, if the other party still refuses to perform and the circumstances are serious, apply to the court to take fines and detention measures. If they are suspected of refusing to execute judgments and rulings, request the transfer of criminal clues. The entire process shall be implemented by the court in accordance with the law to avoid direct conflicts with the original possessor.

The above Q&A is mainly based on judicial practices in the Beijing area. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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. →\nLegal services for creditor-debtor disputes·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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 you encounter disputes, please consult a practicing lawyer in time.