I recently received a client inquiry with the following details：
I’ve been renting an apartment in Shanghai for the past year, but my landlord just informed me that he sold the property. The new owner says I have to move out in 30 days because they want to move in themselves. My lease still has 8 months left—can they legally do this? What are my rights? I’m really worried about finding a new place so quickly. Please help!
Has this ever happened to you? Below is my response–it might be useful for others in the same spot.
Thank you for reaching out—I completely understand your concern, and I’m happy to clarify your rights under Chinese law. The short answer is no, the new owner cannot force you out before your lease ends. Below, I’ll explain the legal protections you have and the steps you should take next.
Key Legal Principle: “Sale Does Not Break Lease” (买卖不破租赁)**
Chinese law follows the continental legal system, which includes the principle “Kauf bricht nicht Miete” (German for “sale does not break rent”). This means:
✅Your existing lease remains fully valid even after the property is sold.
✅The new owner must honor the original lease terms until expiration.
You can find it in relevant Laws & Regulations:
-
Article 725 of the Civil Code of the PRC:
“If the ownership of a leased property is transferred during the lease term, the lease contract remains in effect.”
This means
1) The new owner cannot evict you before your lease ends.
2) The new landlord has the right to collect rent but cannot terminate the lease early.
2.Breach of Contract Penalties ( Stipulated in Articles 577-588 of the Civil Code)
If the landlord (old or new) tries to force you out, they are breaching the contract. You are entitled to:
1) Full refund of your deposit and unused rent (if paid in advance)
2）Possible compensation (If you can provide evidence of additional damages)
What Should You Do Now?
1. Politely Inform the New Landlord
1）Send them Article 725 and explain that your lease is legally binding.
2） Offer to pay rent directly to them moving forward.
2. Secure Your Deposit
1）Request written confirmation from the old landlord that your deposit will be transferred to the new owner.
2）If they refuse, demand a refund before the property sale is finalized.
3. Prepare for Worst-Case Scenarios
– If the landlord threatens illegal eviction (e.g., cutting utilities), contact:
-Local Housing Authority (住房保障和房屋管理局)
-Police (110 for emergencies)
Note：This advice is based on Chinese law as of 2025. For complex disputes, consult a local attorney.
