What happens to the lease of a tenant whose dwelling is pre-empted?

Where a dwelling is sold as a result of the exercise of a right of pre-emption, that does not terminate the current lease. The tenant continues to occupy the premises under the same conditions as those provided for in his rental contract.

The sale has nevertheless 2 consequences for the tenant.

The 1^era consequence is that the new owner (the community) takes the place of the former landlord. In practice, this means the following:

• The community takes over all obligations related to the lease, including the maintenance of the dwelling, the guarantee of peaceful enjoyment or the rules of decency when they apply.
• Rents and charges are now due to the community or its delegate.
• The return of the security deposit is the responsibility of the community.

This transfer is automatic from the sale.

The 2^nde consequence is that the tenant can't oppose the work the community wishes to carry out to restore, transform the interior or demolish the premises.

If required, occupants may be required to leave the premises temporarily or permanently. The community must then offer the tenant a relocation in a housing that is compatible with his needs and resources. It can also cover the costs of moving.

In this case, the tenant can also decide to terminate the lease. This declaration must be made by registered letter with acknowledgement of receipt. The community cannot oppose this decision and cannot demand penalty. Instead, the community must pay the benefits to which the tenant is entitled, including those that may be due to the tenant as a result of improvements to the housing. In case of disagreement on the amount of compensation due to the tenant, it is the judge of the expropriation of the judicial court of the place where the building is located who is responsible for setting the final amount.