Our practical sheets

Our practical sheets

The tenant's right of pre-emption

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Do you want to sell or buy a property that is currently rented? You should know that, in 3 situations, the law gives the tenant the right to purchase the property in preference to the buyer that the seller has found.

Note: The notifications provided for by the law are subject to a strict formalism. It is useful to contact a professional in order to scrupulously respect the procedure and avoid the cancellation of the sale.

1/ The tenant rents the unfurnished property and this property constitutes his main residence: the notice to sell

The lessor who wishes to sell the property must give the tenant a notice to sell at least 6 months before the end of the lease. The tenant then has a period of 2 months (the sixth and fifth months before the end of the lease) to indicate whether he or she wishes to buy the property at the price proposed. His silence is equivalent to a waiver of the sale.
If he does not buy the property and the sale is subsequently concluded at a more advantageous price or under more advantageous conditions, the tenant has a period of one month to pre-empt the sale under these new conditions, which are generally notified to him by the notary.

Note: the purchaser of an occupied property can only give notice to sell at the end of the first tacit renewal or the first renewal of the current rental contract, when the end of the current rental contract occurs less than 3 years after the date of acquisition.

2/ The owner sells a property with more than 5 dwellings as a whole

The owner of a building with more than 5 dwellings and who sells it in its entirety must indicate to each tenant the conditions of the sale of the building in its entirety and of the dwelling he occupies. The tenant has 4 months to accept the offer.

Note: if the buyer agrees to extend the current leases for a period of 6 years from the deed of sale, this notification is not necessary.

The lease of the tenant who does not buy his or her property is not affected. A new purchase offer will have to be notified to him if another tenant has bought his dwelling and if the landlord then sells the building apartment by apartment.

3/ The owner divides (or subdivides) a building by lots and sells the lots

The owner of a building made up of several dwellings or of a dwelling constituting a condominium lot who divides the building or the lot and sells these lots, must inform the tenant of the price and conditions of the sale of the lot he occupies.
The tenant has 2 months to indicate his intention to buy the property.
If he does not buy and if the sale is subsequently concluded under more attractive conditions, a new offer must be sent to him. It is valid for 1 month.
The lease will continue with the buyer of the lot.

4/ The property sold is commercial or craft premises

The tenant has a right of pre-emption, except in the case of a single transfer of several premises in a commercial complex, a single transfer of separate commercial premises or the transfer of a commercial premises to the co-owner of a commercial complex. This right is also not applicable in the case of a global transfer of a building including commercial premises or in the case of a transfer of a premises to the lessor's spouse. Finally, the right of pre-emption does not apply to the transfer of premises to an ascendant or descendant of the lessor or his spouse. Lastly, the right of pre-emption does not apply to industrial premises.