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Can the owner of a rented accommodation sell it during the lease?

Verified 01 March 2023 - Directorate for Legal and Administrative Information (Prime Minister)

The conditions of sale of a dwelling inhabited by a tenant are different, depending on whether the dwelling was rented empty (without furniture) or furnished:

Empty housing

The owner of an empty rented unit can sell the unit, even 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).

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 when he leaves the house.
  • The surety shall not be released from his obligation unless a clause in the guarantee provides otherwise.

When the new owner wants to live in the dwelling or sell it, 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.

Furnished accommodation

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 house is rented with a mobility lease :

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General case

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

  • Telephone administrative information - Allo Public Service

    The informants who answer you belong to the ministry in charge of housing and city planning.

    Cost: free service

    Attention: the service does not have access to users' personal files and therefore cannot provide information on their progress.

    The service is available at the following times:

    • Monday: 8.30am to 5.30pm
    • Tuesday: 8:30 to 12:15
    • Wednesday: 8:30 to 12:15
    • Thursday: 8.30am to 5.30pm
    • Friday: 1 p.m. to 4:15 p.m

    Request a call

  • Departmental Agency for Housing Information (Adil)