What should the landlord do if he wants to sell the house during the rental period?

If the lessor sells the house within the lease term, it shall notify the lessee to exercise the preemptive right within a reasonable period before the sale. If the lessee refuses to purchase or fails to clearly indicate the purchase within 5 days of notification/kloc-0, the landlord may sell it to a third party, and the lessee may continue to perform the lease contract.

The preemptive right is the right to take precedence over the third party under the same conditions.

If the original owner fails to inform the lessee within a reasonable period of time when selling the house, which infringes on the lessee's preemptive right under the same conditions, the lessee may claim that the original owner shall be liable for the losses caused by it, but the lessee shall not claim that the house sales contract signed by the original owner and the new owner is invalid.

According to the regulations, although the owner can sell the house during the lease period, in order to safeguard the legitimate interests of the lessee, China has stipulated the principle that the sale does not violate the lease, that is, although the owner is allowed to sell the house at this time, as a buyer, he needs to continue to perform the house lease contract signed by the owner and the lessee, otherwise it may cause damage to the interests of the lessee.

Legal basis:

civil law

Article seven hundred and twenty-five

According to the lease contract, if the ownership of the leased property changes during the lessee's possession, the validity of the lease contract will not be affected.

Article seven hundred and twenty-six

Where the lessor sells the leased house, it shall notify the lessee within a reasonable period before the sale, and the lessee has the preemptive right under the same conditions; Except that the house is preempted by the owner or the lessor sells the house to a close relative.

After the lessor performs the notification obligation, if the lessee fails to explicitly express the purchase within fifteen days, it shall be deemed that the lessee waives the preemptive right.