[Direct answer]No. After the right of residence is established through registration, it belongs to a usufructuary right. The subsequent transfer of the ownership of the house does not affect the existence of the right of residence. The buyer purchases a house with a residential burden. During the registered residence period, the buyer has no right to require the right of residence holder to move out. This is the opposability of the right of residence. There are only four ways to evict the right of residence holder: waiting for the expiration of the term or the death of the right of residence holder; negotiating with the right of residence holder to give up and cancel the right of residence; proving that there are revocable grounds for the establishment of the right of residence; or claiming to rescind the contract on the grounds of fraud because the right of residence was not disclosed in the original contract.

I. Problem background and typical scenarios

The buyer buys a second-hand house at a significantly low price, goes to pick up the new house deed after the transfer, but can't open the door—only to find a 10-year residential right recorded in the registry; or the house obtained through inheritance or divorce settlement is occupied by the former spouse, who holds the registered residential right certificate in his hand. After the implementation of the residential right system, "having the house deed but not being able to enter the house" has become a new type of transaction risk.

II. Key points of dispute

First, the boundaries of the effectiveness of the right of residence: the difference between registered residence rights and unregistered oral residence arrangements. Second, the buyer's obligation to conduct due diligence: the time point of the title search and the determination of good faith. Third, the grounds for revoking the establishment of the right of residence: the handling of malicious collusion and the use of the right of residence to evade debts. Fourth, the legal path of eviction and compensation arrangements.

III. Professional analysis by Henglue Law Firm

Based on Henglu Lawyer's experience in handling property rights and transaction disputes, there are four key aspects to consider when dealing with cases involving the right of residence: 1. **Registration vs. Non-Registration**: The right of residence takes effect upon registration and operates independently of the ownership of the property. Oral promises to allow someone to live in the property without formal registration constitute a creditor's right, meaning the new owner can demand eviction. However, registered rights of residence operate in the opposite manner—this subtle difference determines the legal outcome. 2. **Buyer's Perspective**: Before signing a contract, checking the real estate registration booklet is the only reliable step. Information about the right of residence is clearly listed in the registration booklet. If a buyer purchases the property knowing about the right of residence, they are deemed to have accepted the encumbrance and will struggle to obtain legal support if they later regret their decision. 3. **Challenging the Right of Residence Itself**: If the right of residence was established through collusion between the debtor and a relative to evade enforcement, the creditor can initiate a revocation lawsuit. Similarly, if there are procedural flaws in the establishment process (e.g., incorrect parties to the agreement, gratuitous establishment that harms other co-owners' interests), the creditor can request the revocation of the registration. 4. **Negotiating Eviction**: The vast majority of right of residence evictions are resolved through compensation agreements: a one-time payment in exchange for a waiver statement and deregistration, with the amount calculated based on the discounted value of the remaining lease term. If negotiations fail, the court may assess whether the right of residence holder abused their rights (e.g., subletting for profit or exceeding the permitted use scope), allowing the creditor to request the termination of the right of residence within the contractual framework. The three-step approach to handling such cases involves: - **Check the registration booklet before purchase**: - **Disclose relevant information before sale**: - **Negotiate revocation and compensation before litigation**:

IV. Practical suggestions and legal basis

The first step is to check the real estate registration book before signing the contract to confirm whether there is a right of residence and its duration and whether it is free of charge. The second step is to check the content of the right of residence registration for the purchased house with a right of residence, and evaluate the occupancy cost of the remaining period. The third step is to negotiate a written compensation agreement for the eviction and complete the waiver declaration and cancellation registration simultaneously. The fourth step is to sue for the cancellation of the right of residence registration if it is deemed that there is malicious collusion or procedural defects in the establishment of the right of residence. The main legal basis: Articles 366 to 370 of the Civil Code of the People's Republic of China (effective from January 1, 2021) regarding the establishment, content, and extinguishment of the right of residence; Article 154 regarding the invalidity of acts of malicious collusion; the specific application shall be subject to the currently effective provisions.

5. Henglue Law Firm's Reminder

Three key points regarding residential rights: Registered residential rights cannot be evicted; conducting a property search is the first step in buying a house; evictions should be handled through negotiation for compensation and deregistration; forceful evictions will only lead to lawsuits; and malicious setting up of rights can be revoked, and there are countermeasures against debt evasion schemes. Those involved in residential rights disputes can seek assistance through legal channels.Real estate transactions and construction projectsFor overall solutions to services involving residential arrangements for elderly care at home, please feel free to consult usMarriage, family, and disputesThe team can cooperate on lawsuits involving the revocation of residency rights.Contract disputesRegarding the plate, it can be referred to when handling claims for the right of residence in the execution of objectionsCreditor's rights and debts, and enforcementColumn.

VI. Frequently Asked Questions

Q1: If the buyer doesn't know about the right of residence when transferring ownership, can they revoke the sale and purchase agreement?

Break it down: If the seller concealed the right of residence when signing the contract, it constitutes fraud or a fundamental breach of contract, and the contract can be rescinded, the purchase price returned, and compensation claimed; if the buyer failed to conduct a property search and the contract has already been disclosed, it will be difficult to obtain support for rescinding the contract.

Q2: They verbally agreed to let me stay, but the unregistered residence counts, right?

It's just a creditor-debtor relationship. The new owner can demand that the tenant vacate the premises, and the tenant cannot use an oral agreement to resist this; the real guarantee is a written contract plus registration, and both are indispensable.

Q3: If the right to use the house is transferred by the right holder, can the tenant be evicted?

In principle, the right of residence cannot be transferred or inherited. If the subletting exceeds the scope of the right of residence and is generally prohibited by the contract, the owner may claim to terminate the right of residence contract, require the lessee to return the house, and cancel the registration.

Q4: Can I apply to revoke the ownership of the house acquired through auction if it comes with a right of residence?

Check whether the auction announcement discloses the following information: If the information is disclosed, it is deemed that the buyer accepts the burden; if the information is not disclosed and there is suspicion of malicious collusion to evade debts, the buyer may raise an objection to enforcement or revoke the transaction. In practice, the search for legal records and the announcement records are crucial evidence.

Q5: How to legally and decently evict the occupants of the right of residence?

Three steps: Evaluate the discounted rent for the remaining lease term and propose a compensation plan; sign a declaration of renouncing the right of residence and a compensation agreement; and jointly handle the cancellation of registration before delivering the house. Keep all procedures in writing to avoid repeated verbal promises.

The above answer is based on the judicial practice in Beijing. The adjudication guidelines 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 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 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. In case of disputes, please consult a practicing lawyer in time.