Selling a rental unit: what are the rules?
Verified 01 January 2024 - Directorate for Legal and Administrative Information (Prime Minister)
When the landlord wants to sell a dwelling inhabited by a tenant, he has 2 possibilities: sell the dwelling at the end of the lease without tenant, or sell the dwelling during the lease while inhabited by the tenant. Depending on whether the dwelling was rented empty or furnished, the rules to be respected are different:
Empty housing
The landlord may choose to sell the property after the tenant has permanently left the premises.
How do I give the tenant leave?
To do this, the owner must to grant leave (notice) to the tenant for the end date of the lease.
The leave letter must indicate the reason for the leave, i.e leave to sell.
The letter must reach the tenant at least 6 months before the end of the lease.
The tenant must then leave the accommodation and return the keys to the owner at the latest at the end of the lease.
FYI
The owner must respect the rules of the leave to sell (content of the letter, period of notice...). Otherwise, the tenant can challenge the leave before the protection litigation judge the court on which the dwelling depends.
But the landlord cannot give the tenant leave, in the following cases:
- Or when the tenant is elderly and has low income. This is a protected tenant. The owner may not grant leave or may do so only under special conditions.
- Or when the landlord has recently purchased the dwelling inhabited by a tenant. This is the case when the landlord purchased the property less than 3 years before the end of the current lease. The landlord can then only grant leave for the end of 1er renewal or 1re renewal of the lease in progress.
For example, if the landlord purchased the unit on 1er march 2021 and the lease ends on may 31, 2023, the lessee may be granted leave to vacate the premises no later than the end date of the 1re reappointment, which takes place on May 31, 2026.
What to do in case of fraudulent leave?
The tenant can challenge the reason for the leave (notice) given by the owner.
To do so, it must have proof that the owner did not intend to sell the housing (for example, the sale price of the housing is excessive).
It must then enter the protection litigation judge the court on which the dwelling depends. He must ask the judge to award him damages for the damage suffered.
The judge may also order the owner to pay a criminal fine of €6,000 maximum (€30,000 maximum when owner is a legal person).
What is the tenant's right of first refusal?
The leave to sell is an offer of sale to the tenant. The tenant may be the purchaser of the dwelling.
Tenant's right of first refusal
The tenant benefits from a right of first refusal. It takes precedence over other buyers to buy the house.
If there are several tenants, everyone has a right of first refusal.
But the tenant's right of first refusal does not apply where close relative up to and including 3rd degree of the owner becomes the purchaser of the dwelling, to live in it (as the principal residence) for at least 2 years after the end of the notice.
FYI
The tenant who exercises his right of first refusal when selling his house does not have to pay a real estate agency commission.
Acceptance of the offer to sell
The offer of sale to the tenant is valid for the first 2 months of the notice.
To accept the offer for sale, the tenant must:
- Inform the owner by registered letter with notice of receipt, at the latest within the first 2 months of the legal notice of the owner
- Indicate whether he will apply for a mortgage, if so.
If the tenant accepts the offer to sell the house within the set time, any promise of sale signed between the owner and another buyer is canceled.
Example :
The lease expires on September 20.
In order for the owner's leave to sell to be valid, the tenant must be aware of it no later than March 20.
The leave shall take effect on 20 September.
The offer of sale to the tenant is valid until May 20. The tenant has until May 20 to inform the landlord of his decision to purchase the home.
If the tenant becomes aware of the leave as of March 5:
- The leave shall take effect on 20 September
- The offer of sale to the tenant is valid until May 20. The tenant has until May 20 to inform the landlord of his decision to purchase the home.
From the date of sending his reply to the owner, the tenant has 2 months to sign the bill of sale.
If the tenant requests a mortgage, the period allowed for signing the bill of sale shall be Four months.
The period of notice shall be extended until the end of the period for completion of the sale.
Refusal of the offer to sell
The tenant refuses the offer of sale in the following cases:
- The tenant denies the landlord
- The tenant does not respond to the landlord within the first 2 months of notice
- The tenant issues a counter-proposal that the landlord refuses
Consequently, the tenant must leave the premises at the latest on the last day of notice. However, he can leave the premises at any time during the period of notice, he is then only obliged to pay the rent and charges until the date of delivery of the keys to the owner.
1. The owner of an empty rented dwelling may offer the dwelling for saleeven if it is inhabited by a tenant.
FYI
The tenant can buy the house, but they don't have priority to do it. He has no right of first refusal, except in certain situations (e.g. when the property is offered for sale).
2. Where the dwelling is sold to a new owner:
- The new owner must inform the tenant of his contact details
- The tenant stays in the premises and sees his lease continue under the same conditions with this new owner. In particular, the new owner will have to return the security deposit when he leaves the house.
- The surety shall not be released from his obligation unless a clause in the guarantee provides otherwise.
3. When the new owner wants to live in the dwelling or sell it in turn, he must observe a specific time limit before giving his notice (leave) to the incumbent:
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Leave to Live
It all depends on the end date of the lease that is in progress on the date of purchase of the unit, that is to say on the date of signature of the authentic instrument by the new owner.
The lease ends less than 2 years after purchase
The new owner can give notice (leave) for the end of the current lease, but the leave will not take effect until the end of 2 years after the date of signature of the authentic instrument.
The lease ends more than 2 years later
The new owner can give notice (leave) to the tenant at the end of the lease.
Leave to Sell
It all depends on the end date of the lease that is in progress on the date of purchase of the unit, that is to say on the date of signature of the authentic instrument by the new owner.
The lease ends less than 3 years after purchase
The new owner can give notice (leave) at the end of 1re tacit renewal of the lease or at the end of 1er lease renewal.
For example, if the landlord purchased the unit on 1er march 2021 and the lease ends on may 31, 2023, the lessee may be granted leave to vacate the premises no later than the end date of the 1re reappointment, which takes place on May 31, 2026.
FYI
if the original owner had to request a prior authorization to lease with theEPCI: titleContent or the municipality of the housing commune, the new owner must to declare the transfer.
The lease ends more than 3 years later
The new owner can give notice (leave) at the end of the lease.
FYI
if the original owner had to request a prior authorization to lease with theEPCI: titleContent or the municipality where the dwelling is located, the new owner must to declare the transfer.
Video: Does your landlord have to offer you the purchase of the house in case of sale?
Vidéo - Sale of a rented accommodation - is your landlord obliged to offer it to you for purchase: received idea
Conversation with friends, via SMS:
I just saw your ad for the sale of your apartment
But what? My lease isn't over! I don't know!
But yes, of course! Your landlord should offer to buy it before you sell it
Received wisdom: is your landlord obliged to offer you the purchase of the house in case of sale?
No, your landlord doesn't always have to offer you the purchase of his home. He can sell his rented accommodation to whomever he wants, without informing you, as long as he sells it rented.
They only need to notify you so that they can show potential buyers around the property. This right of visit is limited to 2 hours a day, except on Sundays and public holidays (no visits on those days).
Once the property is sold, your rental contract will automatically be transferred to the new owner. He will not be able to change your contract without your consent. However, if he wants to sell his accommodation free of any occupation, you will have to receive his letter of leave at least 6 months before the end of your lease. Among other things, the owner must tell you the price and conditions of the sale because you have priority over the purchase. You then have 2 months to give your decision. If you refuse the purchase, you will have to vacate the accommodation no later than the end date of your lease without having to give notice.
Furnished accommodation
The landlord may choose to sell the property after the tenant has permanently left the premises.
To do this, the owner must to grant leave (notice) to the tenant for the end of the lease.
But the owner may be prevented from doing so, when the tenant is protected (depending on the age and resources of the tenant).
Please note
The owner of a rented accommodation with a mobility lease does not need to give the tenant leave (notice) for the end of the lease.
How do I give the tenant leave?
The leave letter must indicate the reason for the leave (leave to sell). It must reach the tenant at least 3 months before the end of the lease. The tenant will then have to leave the accommodation and return the keys to the owner at the latest at the end of the lease.
Warning
The owner must comply with the other rules of the leave to sell (content of the letter, period of notice...). Alternatively, the tenant may challenge the leave before the protection litigation judge the court on which the dwelling depends.
What is a protected tenant?
Depending on their age and resources, the tenant can be protected:
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Tenant under 65 years
The tenant under 65 (at the end of the lease) is protected if he meets the following 2 conditions:
- He is dependent on a person over the age of 65 (at the end of the lease)
- The cumulative amount of resources (as of the date of receipt of the letter of leave) of all persons living in the dwelling is less than the following:
Number of persons | Types of people | Île-de-France | Other region | |
|---|---|---|---|---|
Paris or the city bordering Paris | Other municipality | |||
1 | 1 person alone | €26,044 | €26,044 | €22,642 |
1 single person with mobility card disability inclusion | €38,925 | €38,925 | €30,238 | |
2 | 2 people | €38,925 | €38,925 | €30,238 |
Special situation: | €51,025 | €46,789 | €36,362 | |
3 | 3 people | €51,025 | €46,789 | €36,362 |
Special situation: | €60,921 | €56,046 | €43,899 | |
4 | 4 people | €60,921 | €56,046 | €43,899 |
Special situation: | €72,482 | €66,347 | €51,641 | |
5 | 5 people | €72,482 | €66,347 | €51,641 |
Special situation: | €81,562 | €74,662 | €58,200 | |
6 and above | 6 people | €81,562 | €74,662 | €58,200 |
Per additional person | + €9,089 | + €8,319 | + €6,492 | |
Reminder
The municipalities bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Levallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes
If this is the case, the lease renewal is automatic, unless the owner is in at least 1 of the following cases:
- He is over 65 years old (at the end of the lease)
- He has resources (on the date the tenant takes possession of the letter of leave) less than the same maximum amount
- It offers the tenant, during the period of notice, an alternative accommodation corresponding to his needs and possibilities, and it is located nearby.
Tenant over 65 years
The tenant over 65 years of age (at the end of the lease) is protected if his resources (at the date of notification) are less than the following:
Number of persons | Types of people | Île-de-France | Other region | |
|---|---|---|---|---|
Paris or the city bordering Paris | Other municipality | |||
1 | 1 person alone | €26,044 | €26,044 | €22,642 |
1 single person with mobility card disability inclusion | €38,925 | €38,925 | €30,238 | |
2 | 2 people | €38,925 | €38,925 | €30,238 |
Special situation: | €51,025 | €46,789 | €36,362 | |
3 | 3 people | €51,025 | €46,789 | €36,362 |
Special situation: | €60,921 | €56,046 | €43,899 | |
4 | 4 people | €60,921 | €56,046 | €43,899 |
Special situation: | €72,482 | €66,347 | €51,641 | |
5 | 5 people | €72,482 | €66,347 | €51,641 |
Special situation: | €81,562 | €74,662 | €58,200 | |
6 and above | 6 people | €81,562 | €74,662 | €58,200 |
Per additional person | + €9,089 | + €8,319 | + €6,492 | |
Reminder
The municipalities bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Levallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes
If this is the case, the lease renewal is automatic, unless the owner is in one of the following cases:
- He is over 65 years old (at the end of the lease)
- He has resources (on the date the tenant takes possession of the letter of leave) less than the same maximum amounts
- It offers the tenant an alternative accommodation corresponding to his needs and possibilities, and it is located nearby.
What to do in case of fraudulent leave?
The landlord must respect the reason for which he gave the tenant leave. If he doesn't, he gave a fraudulent leave to the tenant.
The tenant can challenge the reason for the leave (notice) given by the owner.
To do so, it must have proof that the owner did not intend to sell the housing (for example, the sale price of the housing is excessive).
It must then enter the protection litigation judge the court on which the dwelling depends. He must ask the judge to award him damages for the damage suffered.
The judge may also order the owner to pay a criminal fine of €6,000 maximum (€30,000 maximum when owner is a legal person).
The owner of a furnished rented dwelling can sell the dwelling, even if it is inhabited by a tenant.
But the rules are different depending on whether the dwelling is rented with a dwelling lease or with a mobility lease :
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Furnished residential lease
When the unit is sold to a new owner:
- The new owner must inform the tenant of his contact details
- The tenant stays in the premises and sees his lease continue under the same conditions with this new owner. In particular, the new owner will have to return the security deposit if the lease ends.
- The surety shall not be released from the obligation, unless otherwise provided in the guarantee.
FYI
The tenant can buy the house he lives in, but he is not a priority to do so. He has no right of first refusal, except in certain situations (e.g. sale of the building).
Mobility lease
The landlord may sell the dwelling, or give it away free of charge, while the mobility lease is in progress.
The new owner must provide the following information to the tenant:
- Its name or name
- His domicile or registered office
- Name and address of the real estate agency (if necessary)
The tenant stays in the premises and sees his lease continue under the same conditions with this new owner.
Who can help me?
Find who can answer your questions in your region
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For more information on this topic, you can contact Allô Service Public.
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