[Direct answer]It can be claimed, but what can usually be obtained is not the transfer of the house to the lessee, but a claim for non-performance of the notice obligation. If the landlord sells the leased house and fails to notify the lessee within a reasonable period before transferring ownership, it infringes the lessee's preemptive right to purchase under the same conditions. However, most judgments hold that the lack of notification alone cannot directly invalidate the effectiveness of the sales contract. It is difficult for the lessee to request forced transfer of ownership and can only claim the price difference, relocation losses, and the cost of finding another venue in a separate case. According to the Contract Chapter of the Civil Code of the People's Republic of China (effective January 1, 2021), the claim must be supported by a legal and valid lease relationship, the fact of the sale, and the same conditions, and must be raised within a reasonable period after learning of the sale fact.

1. Problem background and typical scenarios

The news often arrives from elsewhere first. Tenants continue to pay rent and operate their businesses as usual. One day, an agent brings people to view the property, a property management company comes to measure the dimensions, or the new owner comes to collect the next rent payment with the property ownership certificate, only to find out that the house has already been sold. Lease contracts often only specify the lease term, rent, and deposit, but fail to mention how the sale notice should be sent, the required notice period, or how to confirm equivalent conditions. Landlords feel there's no need to inform tenants about the sale of their property, while tenants mistakenly believe that the principle of "sale does not override lease" entitles them to a priority purchase right. Both sides have an incomplete understanding of the rules. There are several common scenarios: 1. Sale of residential units in old residential complexes with existing leases, where the landlord directly signs the online contract to expedite the transaction and only sends a WeChat message with no detailed content as the notice; 2. Wholesale transfer of commercial properties, where the seller packages decoration compensation, parking spaces, and operating rights into the total price, only for tenants to realize later that these conditions cannot be separately compared when claiming equivalent terms; 3. Houses first mortgaged and then auctioned or handled by the court, where tenants mistake the auction notice for a sale notice; 4. Co-owners of jointly-owned properties claiming priority purchase rights conflicting with tenants' priority purchase rights, with separate rules for order of precedence and evidentiary standards; 5. Pretended sales to relatives, where tenants suspect the transaction price is significantly lower and payment records don't match, suspecting this is an attempt to circumvent priority purchase rights. When seeking legal protection, lease contracts, rental payment records, move-in handover documents, sale announcements, and online signing timestamps are scattered across various sources. The first step is often not to supplement legal provisions, but to clarify the timeline ensuring the lease term overlaps with the sale date.

II. Key points of dispute

The first layer is whether the lease relationship is genuine and within the validity period. Written contracts, registration in the real estate administration system, continuous rental payment records, payment of utility bills and property management fees, and actual possession certificates jointly determine whether the lessee's status can be established; only verbal agreements or cases where the lease term has expired but the lessee continues to occupy the property typically do not give rise to preemptive rights. The second layer concerns the determination of the sale and notification obligations. Whether sales, donations, inheritances, name changes between spouses, debt settlements through property, or judicial auctions constitute notifiable sales is subject to varying interpretations. Whether the notification has been delivered, whether it specifies the purchase price and payment method, and whether a reasonable consideration period has been granted directly affect whether the obligations have been fulfilled. The third layer focuses on comparability of equivalent conditions. Total price, payment deadlines, payment methods, tax responsibilities, valuation of renovations and furnishings, and bundled parking spaces must all be compared item by item. If the lessee is only willing to offer a lower price or request installment payments, it becomes difficult to determine equivalence. The fourth layer concerns the bona fide acquisition and transferability of third-party rights. If the buyer has acquired the property in good faith and registered it, and paid a reasonable consideration, courts are unlikely to overturn the transaction, and the lessee's claims for invalidation of the sales contract or forced transfer will face low support. The fifth layer focuses on the scope of losses. How to calculate the price difference, whether relocation costs and business interruption losses can be included, and whether the rental gap for finding a new location needs to be evaluated often require appraisal opinions and supporting documents. The sixth layer concerns procedural matters: whether the claimant is the lessor or both parties to the sale, whether jurisdiction lies with the location of the property or the defendant's domicile, and when the statute of limitations begins to run must all be determined before filing the lawsuit.

III. Professional analysis by Hengluo Law Firm

When handling such consultations, Henglu Lawyers follow a four-step approach: establishing rights, timing, price comparison, and selecting legal remedies, rather than immediately discussing compensation amounts. Establishing rights involves organizing the lease contract, filing information, rental and utility records, and handover documents into a chronological chain to first prove that the lease relationship existed and the lessee actually occupied the property at the time of the sale. If this step is omitted, the entire process lacks a foundation. Timing involves breaking down the sale process into verifiable milestones: the date of listing or showing by an agent, the date of signing the sales contract, the date of online filing and tax payment, the date of transfer registration, and the date of notice delivery. This requires cross-checking with real estate registration inquiries, online filing records, agent communications, and courier receipts, particularly to determine whether the notice delivery preceded or followed the transfer registration. Price comparison involves itemizing the identical terms of the seller's transaction with a third party and verifying whether the lessee could have assumed the obligations under the same price, payment method, and term. For non-divisible terms, first assess whether they constitute evasive behavior. Selecting legal remedies is the final step: in most cases, the focus is on compensation for damages. However, requests to invalidate the contract or enforce transfer must first consider whether the third party has acquired the property in good faith and registered it. Choosing the wrong basis for legal remedies will render even the most complete evidence inadmissible. In Beijing's real estate and commercial litigation, courts strictly enforce contractual interpretations, registration publicity, and transaction security. Comprehensive timelines and written evidence carry greater weight than oral testimony. Returning to the lessee's perspective, three factors ultimately determine the outcome: whether the lease relationship can be substantiated, whether the notice obligation was substantially breached, and whether the causality between the loss and the lack of notice can be quantified.

IV. Practical suggestions and legal basis

Based on the hierarchical classification of rights of request. The "Civil Code of the People's Republic of China" (implemented on January 1, 2021) stipulates in the contract chapter the preemptive right of purchase, the obligation of notification, and the principle of "the lease continues despite the sale" in the lease relationship; the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the General Provisions of the Contract Chapter of the Civil Code" (implemented on December 5, 2023) refines the interpretation of contract terms and the determination of damages for breach of contract; the "Company Law of the People's Republic of China" (amended on December 29, 2023 and implemented on July 1, 2024) comes into view when the lessor is a company and it is necessary to verify the sales resolution and signing authorization; the "Civil Procedure Law of the People's Republic of China" (amended on December 24, 2021 and implemented on January 1, 2024) governs real estate jurisdiction, evidence preservation, and the time limit for providing evidence; the "Method for Payment of Litigation Fees" (implemented on April 1, 2007) governs the prepayment of acceptance fees and the burden of fees. Practical actions: 1. Firstly, stipulate in the lease agreement the form of notice of sale, the time limit, the confirmation method of equal conditions, and the liability for breach of contract, rather than waiting until the property is listed for sale to make up for it. 2. Regularly archive the lease payment records, utility and property bills, handover documents, and moving-in images. When renewing the lease, always sign a written agreement. 3. Immediately claim the preemptive right to purchase from the lessor in writing and retain the receipt upon hearing rumors of property viewing or transfer. Simultaneously, check the real estate registration and online signing information. 4. When claiming damages, prepare a verifiable list of price differences, relocation costs, and costs of renting elsewhere. If necessary, apply for an appraisal. 5. When dealing with co-ownership, mortgages, judicial auctions, or low-price transfers between relatives, first clarify whether it is a sale that requires notification, and then determine the litigation target. For cases requiring comprehensive evaluation of the contract and registration materials, refer to the relevant provisions.Business and contract disputes in enterprisesThe provisions under this item explain the path of evidence collection and performance fulfillment.

5. Henglu Law Firm's Reminder

The purpose of the "lease protection" in a sale-and-purchase transaction is to ensure that the tenant can continue living and operating the business, not to guarantee priority purchase rights. These two issues are often confused: if the lease term has not expired, the new owner generally has to honor the original lease relationship; but whether they have priority purchase rights and how much compensation they can claim without notice are governed by different legal provisions. When receiving notifications about property viewings or ownership transfers, don't just reply "I want to buy it" on WeChat. Instead, make a written claim stating your willingness to take over the property under the same conditions and keep verifiable delivery receipts. If the transfer has already been completed, focus on proving your losses. Insisting on forced transfer often takes a long time and is difficult to gain support. Notices that only mention the sale of the property without specifying the price and payment method usually do not meet the requirements of effective notifications, which deserves careful verification in court. For calculating the loss of price difference, it's best to refer to transaction data in the same area and during the same period. Relying on intuition to set a price is hard to be accepted. Additionally, pay attention to the statute of limitations. If you don't assert your rights after learning about the sale and transfer, the other party will be able to raise the statute of limitations defense, putting you at a disadvantage.

VI. Frequently Asked Questions

Q1: If the landlord fails to notify the tenant in advance of selling the property, can the tenant still claim the right to purchase it under the same conditions?

It can be claimed, but the subject and result of the claim should be considered separately from the transfer of ownership. According to the Contract Chapter of the Civil Code of the People's Republic of China (effective January 1, 2021), if the lessor sells the leased house, he/she shall notify the lessee within a reasonable period of time, and the lessee enjoys the right of priority to purchase under the same conditions; if the transfer of ownership is carried out without notification, it constitutes an infringement of this right. However, most judgments do not deny the validity of the seller's sales contract with the third party on this basis. If the buyer has acquired the house in good faith, paid a reasonable consideration, and completed the registration, the lessee's request to confirm the invalidity of the contract or to force the transfer of the house to himself/herself will have very low support. What is feasible in practice is to claim compensation in another case: the price difference caused by the loss of the purchase opportunity, and the reasonable costs of relocation and finding another location.

Q2: To prove that a lease relationship has been established, do I need to submit a filing registration or provide continuous rental payment records?

Both documents must be submitted, and they must corroborate each other. Relying on just one document is not enough. The registration certificate or lease registration certificate is used to fix the lease term and the main subject. The continuous rental payment records, transfer notes, and deposit receipts are used to prove actual performance. The utility bills, move-in handover documents, key receipts, and dated living photos are used to prove continuous possession. Additionally, materials related to the sale process should be provided: the intermediary's viewing records, listing screenshots, purchase contracts or online signing information, real estate registration query results and transfer times, to lock in the lease relationship covering the sale date. The registration and online signing information can be legally requested for retrieval, and chat screenshots should retain context and time information. If there are only verbal agreements and no continuous records of rent payments and possession, the subject's eligibility for preemptive rights is often denied first.

Q3: How should the difference in price losses and acceptance fees incurred when the preemptive purchase right fails to be exercised be calculated?

The acceptance fee is calculated based on the amount of the request, and the loss itself is calculated based on the verifiable difference. These two standards should not be confused. The acceptance fee for the case is calculated by the court according to the "Measures for the Payment of Litigation Fees" (implemented on April 1, 2007) on the basis of the amount of the litigation request. When the case is filed, the plaintiff pays the acceptance fee in advance. In the end, the losing party bears the cost or shares it according to the proportion of responsibility. The court should list the differences in price, relocation fees, and the differences in rental fees item by item, which is more conducive to accounting than reporting a total amount. The loss of price differences is usually based on the difference between the transaction price of the sold property and the market price of similar houses in the same area at the time of the claim. If necessary, an appraisal can be applied for, and the appraisal fee shall be prepaid according to the standards of the appraisal institution. There is no government-set price for attorneys' fees. The fees are charged on a per-case basis, as a percentage of the amount of the claim, or according to the agreed hourly rate, subject to the contract of entrustment.

Q4: Do you know within how many days after the date of the house sale and transfer of ownership, the right of first refusal must be invoked?

First, we need to distinguish between the two time limits and not just focus on one number. According to the Civil Code of the People's Republic of China (effective January 1, 2021), a claim must be made within three years from the date the claimant knows or should have known that their rights have been infringed and the obligee's identity. If negotiations drag on for too long and the other party raises a statute of limitations defense, the claimant may lose the chance of winning the case. As for the reasonable period for exercising the preemptive right of purchase, it depends on the response period specified in the seller's notice and the pace of the transaction. If the claimant fails to respond promptly after receiving the notice, they may be deemed to have waived their right. According to the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and effective January 1, 2024), the ordinary procedure for first-instance cases generally lasts six months, and the summary procedure lasts three months. The time limit for second-instance cases is generally three months, with corresponding extensions for cases involving appraisal.

Q5: When viewing a property with an agent, should I first send a written purchase intention to the landlord on the same day, or should I first check the online signing status first?

Two things should be done on the same day: first, express your intention to purchase the property on equal terms, and then check the registration information. The order should not be reversed. On the same day, you should inform the lessor in writing that you are willing to purchase the property on equal terms, stating the known information about the sale, requesting to be informed of the full price and payment terms, and keeping the receipt of delivery by express or mail. This step is used to fix your timely claim and also to force out the specific content of equal terms. At the same time, check the real estate registration and online signing information to confirm whether the contract has been signed, transferred, or whether there are mortgages or co-ownerships. Arrange the dates of viewing, signing, and transfer into a timeline. Then, check the lease term, notice clauses, and the three-year statute of limitations under the Civil Code of the People's Republic of China (effective January 1, 2021) to confirm the jurisdiction and the subject of the claim.

The above questions and answers are mainly based on the judicial practice in the Beijing area. There may be differences in the adjudication opinions 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. →Business and commercial legal services·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 you encounter disputes, please consult a practicing lawyer in time.