[Direct answer]No. If the ownership of the leased property changes during the term of possession by the lessee according to the lease contract, it shall not affect the validity of the lease contract—this is the principle of "the sale of property does not terminate the lease": the new landlord automatically assumes the original lease contract, and has no right to evict the tenant if the lease term has not expired; the tenant also enjoys the right of first refusal under the same conditions. The landlord should give notice in advance before selling the property. If the landlord maliciously forces the tenant to move out, the tenant may claim breach of contract and even request continued performance of the contract.

1. Problem background and typical scenarios

The typical actions of landlords when selling their properties include: showing the property without notice, demanding early termination of the contract on the grounds of "the house has been sold and you need to move out", and cutting off water and electricity to force evictions. Buyers often demand that tenants vacate the property by saying "I bought the house, so I call the shots". Common misunderstandings of tenants include: believing that unregistered properties are not protected, thinking that short-term contracts with a one-month deposit and three-month rent are not secure, and not knowing how to refuse the new landlord's request for rent increases.

II. Key points of dispute

First, the applicable conditions for the principle of "sale does not break the lease". Three conditions must be met simultaneously for the lessee to resist the new landlord: a valid lease contract, the lessee's actual possession, and the transaction occurring within the lease term. Non-registration does not affect the application of this rule, as registration primarily concerns administrative matters. Second, the right of first refusal. The landlord should notify the lessee within a reasonable period before the sale, and under equal conditions, the lessee enjoys the right of first refusal. The scope of compensation for infringement of the right of first refusal is limited to actual losses. Third, the breach of contract liability for early termination of the contract. If the landlord requests the lessee to move out without a legitimate reason, it constitutes a breach of contract, and the lessee may claim damages, relocation losses, the residual value of the decoration, and the cost of the price difference.

III. Professional analysis by Henglue Lawyers

Tenants should follow a three-step strategy to counter the "forced eviction due to property sale" tactic. First, confirm their legal leverage: the validity of the lease contract, the remaining lease term, and the fact of occupancy (utility payments, property records, and access control logs can all prove occupancy). If all three elements are in place, they hold the shield of "the lease prevails over the sale of the property." During property showings, tenants can cooperate but have the right to set the time and frequency. Landlords have no right to randomly intrude for showings. Second, respond to three types of pressure: if the new landlord demands early eviction, tenants should directly present the contract to demonstrate "performance according to the contract" and keep written records. If the landlord offers to renew the lease in exchange for a rent increase, tenants should check whether the contract includes renewal clauses and rent increase caps. They can refuse any rent increase before the lease expires. For threats of cutting off water and electricity or changing locks to force eviction, tenants should report the incident to the police, obtain a receipt, and record the evidence. This constitutes a breach of contract, allowing tenants to immediately terminate the contract, seek compensation, or sue for continued performance. Third, negotiate and claim compensation simultaneously: for those willing to move early, negotiate a compensation list - the difference in remaining lease term, moving expenses, depreciation of decorations, and rental losses during the search period, with each item discounted. For those refusing to move, claim compensation for the landlord's unilateral termination according to breach of contract procedures. Don't forget tenants' "advanced rights" in the context of property sales: the right of first refusal under equal conditions. Failure to express a clear purchase intention within 15 days of receiving the sale notice constitutes a waiver. Interested buyers must submit written statements within the deadline. For landlords, clear compliance steps are equally important: notify tenants in writing within a reasonable period before the sale (both a procedure for the right of first refusal and a good-faith effort to reduce disputes); disclose the lease status to buyers and clarify the handover arrangements with the lease in place; and refuse any form of forced eviction through water and electricity cuts - administrative liability and compensation risks lie with the landlord. Beijing's rental dispute adjudication strictly reviews occupancy evidence. Tenants' daily habit of keeping payment records becomes more crucial than the contract itself in critical moments.

IV. Practical suggestions and legal basis

The first step is to secure evidence: continuously retain payment receipts, property records, and footage of the move-in process. The second step is to respond in writing: reply to all eviction demands in writing, stating that you will fulfill your obligations according to the contract and reserve the right to seek accountability. The third step is to itemize claims: list the penalties for breach of contract, the price difference, moving expenses, and the residual value of the decoration separately before negotiating. The fourth step is to exercise priority rights: those interested in purchasing the property must express their intention in writing within 15 days after receiving the notice. Main legal basis: Article 725 of the Civil Code of the People's Republic of China (effective in 2021) (Sale does not affect lease), Article 726 (Preemptive purchase rights), Article 728, and Article 577 (Liability for breach of contract); Beijing Municipal Housing Lease Regulations (effective in 2022); specific applications shall be subject to the currently effective laws and regulations.

5. Henglu Law Firm's Advice

"The lease remains valid even after the sale of the property" is a legal safeguard for tenants: with the contract in hand and the possession documented, even if the property changes hands several times during the lease term, it won't affect the tenant's right to stay until the lease expires. When facing forced eviction, it's more effective to maintain a steady pace, keep written records, and compile a list of claims than to argue endlessly. Those involved in lease disputes can seek help through legal channels.Real estate transactions and construction projectsFor services involving the purchase and sale of houses with leases, you can refer to the special topic on the sale of public housing in this batch. For services involving commercial leases and decoration losses, you can also make reference to it.Business and contract disputes in enterprisesFor those interested in dispute mediation and litigation representation, you can pay attention to the following platformsSpecialised legal servicesRegarding the legal boundaries of extreme behaviors such as forcibly evicting tenants, we can pay attention to themCriminal legal services板块。

VI. Frequently Asked Questions

Q1: If the contract has not been registered, can we still claim that the sale does not affect the lease?

Yes. Filing for registration is not a prerequisite for the application of the rules. A valid contract, possession, and a lease period are sufficient to resist a new landlord. Filing for registration only affects administrative compliance matters.

Q2: What should I do if the new landlord wants to raise the rent?

During the lease term, the original contract shall be honored, and the new landlord shall not have the right to unilaterally increase the rent. The increase in rent when the lease expires can be negotiated, and if there are any provisions in the contract, those provisions shall prevail.

Q3: Can I refuse the landlord's invitation to view the property?

It is possible to arrange reasonable times and frequencies for viewing the property, but the landlord and the buyer are not allowed to intrude or harass each other frequently. If this affects the tenant's living conditions, the tenant has the right to refuse and keep records of the incident.

Q4: When does the preemptive right to purchase become effective?

Provide a written response within 15 days after receiving the notice of sale; the priority right is subject to restrictions in situations such as house auctions and co-owners' purchases, and the specific circumstances shall be determined in accordance with the law.

Q5: What should I do if I'm forced to move due to water and electricity cuts?

Call the police and record the scene to preserve evidence. This can help you terminate the contract, claim full compensation for the losses, or sue to enforce the contract. In serious cases, the responsible parties may also be held accountable.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law 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 relevant evidence materials to avoid missing the statutory time limit.Legal services for real estate transactions·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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.