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Can a landlord sell a dwelling inhabited by a tenant?

Verified 15 September 2020 - Directorate for Legal and Administrative Information (Prime Minister)

Yes, the owner of a rented dwelling can sell that dwelling, even if it is inhabited by a tenant. The tenant stays in the premises and sees his lease continue under the same conditions with the new owner. The new landlord must inform the tenant of his contact details.

Empty housing

Yes, the owner of an empty rented dwelling (i.e. rented without furniture) can offer for sale this dwelling, even if it is occupied by a tenant.

The tenant can buy the house he lives in, but he does not have priority to do so. He has no right of first refusalexcept in certain situations (example: listing of the building).

When the unit is sold to a new owner ::

  • The new landlord 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. The new owner will have to return the security deposit if the rental ends.
  • The guarantor shall not be released from his commitment, unless otherwise specified in the bond.

When the new owner wants to live in the house or sell it in turn, it must sometimes respect a specific time limit before give notice (leave) to the current tenant ::

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The new owner wants to live in the house

It all depends on the end date of the lease that is in progress at the time of purchase of the unit by the new owner (date of signature of the authentic instrument).

More than 2 years after purchase

The new owner may give notice (leave) to the tenant at the end of the lease.

Less than 2 years after purchase

The new owner may give notice (leave) for the end of the current lease, but the leave will not take effect until 2 years after the date of purchase of the unit.

He wants to sell the house

It all depends on the end date of the lease which is in progress at the time of the purchase of the dwelling by the new owner (date of signature of the authentic instrument).

More than 3 years after purchase

The new owner may give notice (leave) at the end of the lease.

FYI  

if the original owner had had to apply for a prior lease authorization from theEPCI: titleContent or the town hall of the municipality where the accommodation is located, the new owner must declare the transfer..

Less than 3 years after

The new owner can give his notice (leave) at the end of the 1mother tacit or 1to lease renewal.

FYI  

if the original owner had had to apply for a prior lease authorization from theEPCI: titleContent or the town hall of the municipality where the accommodation is located, the new owner must declare the transfer..

Furnished accommodation

Yes, the owner of a rented furnished unit can sell that unit, even if it is inhabited by a tenant.

Please note

this does not apply to the owner of a furnished unit rented with a mobility lease..

The tenant can buy the house he lives in, but he does not have priority to do so. He has no right of first refusalexcept in certain situations (example: listing of the building).

When the unit is sold to a new owner:

  • The new landlord 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. The new owner will have to return the security deposit if the rental ends.
  • The guarantor shall not be released from his commitment, unless otherwise specified in the bond.

FAQ