Section actions
Duration: Pre-emption period — 2/4 months; departure in case of termination — 6 months
Cost: Notary in case of purchase; free ADIL
On-site only
Who this guide is for
Section actions
- Non-furnished (principal residence) tenants who have been granted leave for sale
- Those who are considering buying their home
- Tenants wishing to understand the notice at a sale
To be prepared in advance
Section actions
- Leave for sale received (prices and conditions)
- Financial position and borrowing capacity (taxation notice, contributions)
- Contact a notary for the transaction in case of purchase
Step-by-step procedure
Section actions
- 1Check the form of leave: recommended letter with AR or service by Commissioner of Justice, indicating prices and terms and conditions of sale. Oral or e-mail — worthless.
- 2From the reception, you have 2 months (4 in case of conversion/social housing) to exercise the right of preemption at the price indicated. Answer in writing to the lessor/notary.
- 3If you want to buy, inform the lessor/notary, raise your financing and pass by notary. Prices and conditions are those for leave.
- 4If you don't want or can't buy, don't answer or refuse in writing. After 2/4 months, the right of preemption expires and the lessor can sell to a third party.
- 5The sale does not automatically terminate your lease. The new owner must resume the lease under the same conditions (article 1743 of the Civil Code). It is only if the leave has been properly notified as non-renewal that the lease terminates 6 months after the leave.
- 6Watch for the 6 months: the sale leave is also valid for end-of-lease leave — departure 6 months later if the lessor does not retract. Confirm your departure as recommended.
- 7In the event of a change of owner, the new owner will inform you of his contact details for the rent. Keep all documents.
Common mistakes
Section actions
- Ignore the leave — you lose the right of preemption.
- Believe that the sale = immediate expulsion. The lease shall continue if the leave is not notified as termination.
- Do not answer within the time limit of 2/4 months if you want to buy — the right of preemption falls.
- Do not check the regularity of the leave (recommended, prices, conditions) — otherwise it is invalid.
- Ignore that the new owner must comply with the lease in case of sale without termination.
Official sources
Section actions
Show sources in this section
Important remark
Sale leave is subject to strict rules and deadlines. This information is indicative — for your situation, consult the ADIL or a notary.
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