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The tenant's pre-emption rights
Pre-emption rights
Do you want to sell or buy a property currently rented? Be aware that, in 3 situations, the law gives the tenant the right to acquire the property in preference to the buyer that the seller has found.
Note : The notifications provided for by law obey a meticulous formalism. It is useful to get closer to a professional in order to scrupulously respect the procedure and avoid a cancellation of the sale.
1/ The tenant rents the unfurnished property and this property constitutes his main residence: the leave to sell
The lessor who wishes to release the property for sale must issue the tenant with a leave to sell at least 6 months before the end of his lease. The tenant then has a period of 2 months (the sixth and fifth month before the end of the lease) to indicate if he wishes to buy the property at the price offered to him. His silence is tantamount to renunciation of the sale.
If he does not buy the property and the sale is then concluded at a more advantageous price or conditions, the tenant has a period of one month to pre-empt these new conditions, which are notified to him, generally, by the notary.
Note: the purchaser of an occupied property can only give leave to sell at the end of the first tacit renewal or the first renewal of the current lease agreement, when the end of the current lease less than 3 years after the date of acquisition.
2/ The owner sells en bloc a property with more than 5 dwellings
The owner of an immovable with more than 5 units and who sells it in its entirety must indicate to each tenant the conditions of the sale of the immovable in its entirety and the dwelling he occupies. The tenant has a period of 4 months to accept the offer made to him.
Note : if the buyer undertakes 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 home is not called into question. A new offer to purchase must be notified if another tenant has bought his dwelling and if the lessor then sells the building apartment by apartment.
3/ The owner divides (or subdivides) a building into lots and sells the lots
The owner of an immovable consisting of several dwellings or a dwelling constituting a co-ownership lot that divides the immovable or lot and sells those lots must inform the lessee 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 then concluded on more attractive terms, 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 a commercial or artisanal premises
The tenant has a right of pre-emption, except in the case of a single transfer of several premises of 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 an immovable comprising commercial premises or in the context of a transfer of premises to the spouse of the lessor. Finally, the right of pre-emption also does not apply to the transfer of premises to an ascendant or descendant of the lessor or his spouse.
Note : The notifications provided for by law obey a meticulous formalism. It is useful to get closer to a professional in order to scrupulously respect the procedure and avoid a cancellation of the sale.
1/ The tenant rents the unfurnished property and this property constitutes his main residence: the leave to sell
The lessor who wishes to release the property for sale must issue the tenant with a leave to sell at least 6 months before the end of his lease. The tenant then has a period of 2 months (the sixth and fifth month before the end of the lease) to indicate if he wishes to buy the property at the price offered to him. His silence is tantamount to renunciation of the sale.
If he does not buy the property and the sale is then concluded at a more advantageous price or conditions, the tenant has a period of one month to pre-empt these new conditions, which are notified to him, generally, by the notary.
Note: the purchaser of an occupied property can only give leave to sell at the end of the first tacit renewal or the first renewal of the current lease agreement, when the end of the current lease less than 3 years after the date of acquisition.
2/ The owner sells en bloc a property with more than 5 dwellings
The owner of an immovable with more than 5 units and who sells it in its entirety must indicate to each tenant the conditions of the sale of the immovable in its entirety and the dwelling he occupies. The tenant has a period of 4 months to accept the offer made to him.
Note : if the buyer undertakes 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 home is not called into question. A new offer to purchase must be notified if another tenant has bought his dwelling and if the lessor then sells the building apartment by apartment.
3/ The owner divides (or subdivides) a building into lots and sells the lots
The owner of an immovable consisting of several dwellings or a dwelling constituting a co-ownership lot that divides the immovable or lot and sells those lots must inform the lessee 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 then concluded on more attractive terms, 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 a commercial or artisanal premises
The tenant has a right of pre-emption, except in the case of a single transfer of several premises of 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 an immovable comprising commercial premises or in the context of a transfer of premises to the spouse of the lessor. Finally, the right of pre-emption also does not apply to the transfer of premises to an ascendant or descendant of the lessor or his spouse.
Good to know
The offer is valid for 2 months, during which time the lessor cannot withdraw his offer.
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