Xiao Ming's lease contract with the original landlord is still valid and can continue to rent.
Article 725 of the Civil Law of People's Republic of China (PRC) stipulates that 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.
During the lease period, the landlord should inform the lessee in advance if he needs to sell the house. If the lessee is willing to continue the lease, the new landlord shall also continue to lease the house to the lessee for use within the original contract period in accordance with the lease agreement signed between the lessee and the original landlord. This is legally called a lease that does not destroy sales.
Extended data
Article 2 14 of People's Republic of China (PRC) Contract Law stipulates: "The lease term shall not exceed 20 years. For more than 20 years, the excess is invalid. " Upon the expiration of the lease term, the parties may renew the lease contract, but the agreed lease term shall not exceed 20 years from the date of renewal.
That is, the longest term of the lease contract (lease term) is 20 years. If the lease term agreed by the parties in the lease contract exceeds 20 years, the excess part is invalid, that is, the lease term is still 20 years. However, at the expiration of the lease term, the parties may renew the lease contract, and the renewed lease contract shall not exceed 20 years, counting from the date of renewal.
If the parties have not agreed on the lease term or the agreement is unclear, according to Article 232 of People's Republic of China (PRC) Contract Law, the parties may reach a supplementary agreement to determine the lease term; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or trading habits; If it is still uncertain, it shall be regarded as an indefinite lease, and the parties may terminate the contract at any time, but the lessor shall notify the lessee a reasonable time ago.
However, if the lease term is more than 6 months, the lease contract is not in written form. Even if the parties have an agreement on the lease term, the agreement is invalid, and the lease contract is still an indefinite lease contract.
Baidu Encyclopedia-People's Republic of China (PRC) Civil Code
Baidu Encyclopedia-People's Republic of China (PRC) and China Contract Law