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

Verified 05 December 2025 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)

It is possible to put up for sale a dwelling inhabited by a tenant. But the conditions for doing so are different depending on whether it is a rented dwelling with an empty residential lease (either empty housing), or a rental unit with a furnished dwelling lease or a mobility lease (either furnished accommodation):

Empty housing

1. The owner of an empty rented dwelling may offer that dwelling for sale, even if it is inhabited by a tenant.

FYI  

The tenant can buy the accommodation, but it is not a priority to do so. He has no right of pre-emption, except in certain situations (for example, in the case of the sale of the immovable).

2. Where the dwelling 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, it is the new owner who will have to return the security deposit when he left the apartment.
  • The commitment of the bail of the tenant remains, unless a clause of the act of surety provides otherwise.

3. If the new owner wants to inhabit the dwelling or sell it in turn, it must respect a specific deadline before giving its notice (leave) to the incumbent tenant:

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Leave to live

It all depends on the end date of the lease that is in effect on the date of purchase of the dwelling, 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. However, the leave will only take effect at the end of a period 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 effect on the date of purchase of the dwelling, 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 bought the unit on 1er march 2025 and the lease ends on may 31, 2027, the tenant may be given leave to vacate the premises on or before the end date of the 1re renewal, which takes place on 31 May 2030.

FYI  

If the original owner had to request a prior authorization for rental at the town hall of the municipality or theEPCI: titleContent of the dwelling, the new owner must 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 for rental to theEPCI: titleContent or the town hall of the municipality where the dwelling is located, the new owner must declare the transfer.

Furnished accommodation

The owner of a furnished rental unit may sell the unit, even if it is inhabited by a tenant.

But the rules are different depending on whether the accommodation is rented with a residential lease or with a mobility lease:

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Furnished apartment lease

The landlord can sell the dwelling or give it away for free, while the furnished dwelling lease is in progress.

FYI  

The tenant can buy the housing he lives in, but he is not a priority to do so. He has no right of pre-emption, except in certain situations (e.g. sale of the immovable).

When the dwelling 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, it is the new owner who will have to return the security deposit to him, if the rental ends.
  • The undertaking of the surety shall remain, unless a clause of the act of surety provides otherwise.

Mobility lease

The owner can sell the property, or give it away for free, while the mobility lease is in progress.

The new owner must provide the tenant with the following information:

  • Its name or denomination
  • Its 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.

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