Selling a rental property: what are the rules?
Verified 01 January 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)
When the landlord wants to sell a dwelling inhabited by a tenant, he has 2 possibilities: sell the dwelling at the end of the lease without a tenant, or sell the dwelling during the lease while it is inhabited by the tenant. Depending on whether the accommodation has been rented empty or furnished, the rules to be respected are different:
Empty housing
The landlord can choose to sell the property after the tenant has left the premises permanently.
How to give the tenant leave?
For this, the owner must give leave (notice) to the tenant for the end date of the lease.
The leave letter must state the reason for the leave, i.e leave to sell.
The letter must reach the tenant at least 6 months before the end of the lease.
The tenant must then leave the dwelling and return the keys to the landlord at the latest at the end of the lease.
FYI
The owner must respect the rules of the leave to sell (content of the letter, notice period...). Otherwise the tenant can challenge the leave before the protection litigation judge the court on which the accommodation depends.
But the landlord cannot give the tenant leave, in the following cases:
- Either when the tenant is elderly and has low incomes. This is a protected tenant. The owner may not grant him leave or may only do so under special conditions.
- Either when the landlord has recently purchased the dwelling inhabited by a tenant. This is the case when the landlord bought the property less than 3 years before the end of the current lease. The owner can then only give leave for the end of the 1er renewal or 1re renewal of the current lease.
For example, if the landlord bought the unit on 1er march 2026 and that the lease ends on may 31, 2028, it may give the tenant leave to vacate the premises no later than the end date of the 1re renewal, which takes place on 31 May 2031.
What to do in case of fraudulent leave?
The tenant can challenge the reason for the leave (notice) given by the landlord.
To do so, the owner must have proof that the owner did not intend to sell the dwelling (for example, the sale price of the dwelling is excessive).
He must then seize the protection litigation judge the court on which the accommodation depends. He must ask the judge to award him damages for the damage suffered.
The judge may also order the owner to pay a criminal fine of €6,000 maximum (€30,000 maximum when the owner is a legal person).
What is the tenant's right of first refusal?
The leave to sell is an offer to sell to the tenant. The tenant can purchase the property.
Tenant's right of pre-emption
The tenant benefits from a right of pre-emption. It has priority over other buyers to buy the housing.
If there are several tenants, each has a right of pre-emption.
But the tenant's right of first refusal does not apply when a next of kin up to and including 3rd degree of the owner buys the dwelling, to live in it (as a principal residence) for at least 2 years after the end of the notice.
FYI
The tenant who exercises his right of pre-emption when selling his property does not have to pay a real estate agency commission.
Acceptance of the offer to sell
The offer to sell to the tenant is valid for the first 2 months of notice.
To accept the offer for sale, the tenant must take the following steps:
- Inform the owner by registered letter with acknowledgement of receipt, at the latest within the first 2 months of the legal notice of the owner
- Indicate whether he will apply for a mortgage, if so.
If the tenant accepts the offer to sell the property within the set time limit, any promise to sell signed between the owner and another buyer is canceled.
Example :
The lease expires on September 20.
For the owner's leave to sell to be valid, the tenant must be aware of it by March 20.
The leave takes effect on 20 September.
The offer to sell to the tenant is valid until May 20. The tenant has until May 20 to inform the landlord of his decision to buy the property.
If the tenant becomes aware of the leave as of March 5:
- The leave takes effect on September 20
- The offer to sell to the tenant is valid until May 20. The tenant has until May 20 to inform the landlord of his decision to buy the property.
From the date of sending his response to the owner, the tenant has 2 months to sign the deed of sale.
If the tenant asks a home loan, the time limit for signing the deed of sale shall be Four months.
The period of notice is extended until the end of the period of realization of the sale.
Refusal of offer to sell
The offer of sale is refused by the tenant in the following cases:
- The tenant sends a refusal to the owner
- The tenant does not respond to the landlord within the first 2 months of notice
- The tenant issues a counter-proposal that the landlord refuses
Consequently, the tenant must leave the premises no later than the last day of the notice. However, he can leave the premises whenever he wants during the period of notice, he is then obliged to pay the rent and charges only until the date of delivery of the keys to the owner.
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 2026 and that the lease ends on may 31, 2028, it may give the tenant leave to vacate the premises no later than the end date of the 1re renewal, which takes place on 31 May 2031.
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.
Vidéo - Sale of a rented accommodation - is your landlord obliged to offer it to you for purchase: common misconception
Conversation between friends, by SMS:
I just got your listing for your apartment sale
But what? My lease is not over! I don't know!
But yes, of course! Your landlord must offer to buy it before putting it up for sale
Misconception: is your landlord obliged to offer you the purchase of the property in case of sale?
No, your landlord does not always have the obligation to offer you the purchase of his home. He can sell his rented accommodation to whomever he wants, without informing you, as long as he sells it rented.
He must only warn you to be able to show the accommodation to potential buyers. This right of access is limited to 2 hours per day, except Sundays and public holidays (no visits on those days).
Once the property is sold, your rental contract will automatically be transferred to the new owner. They will not be able to change your contract without your consent. However, if he wants to sell his home free of occupancy, you will have to receive his letter of leave at least 6 months before the end of your lease. The owner must, among other things, tell you the price and conditions of the sale because you have priority over the purchase. You then have 2 months to give your decision. If you refuse the purchase, you will have to vacate the accommodation no later than the end date of your lease without having to give notice.
Furnished accommodation
The landlord can choose to sell the property after the tenant has left the premises permanently.
For this, the owner must give leave (notice) to the tenant for the end of the lease.
But the owner may be prevented from doing so, when the tenant is protected (depending on the age and resources of the tenant).
Please note
The owner of a rental unit with a mobility lease does not need to give leave (notice) to the tenant for the end of the lease.
How to give the tenant leave?
The leave letter must state the reason for the leave (leave to sell). It must reach the tenant at least 3 months before the end of the lease. The tenant must then leave the dwelling and return the keys to the owner at the latest at the end of the lease.
Warning
The owner must respect the other rules of the leave to sell (content of the letter, notice period...). Otherwise, the tenant may challenge the leave before the protection litigation judge the court on which the accommodation depends.
What is a protected tenant?
Depending on age and resources, the tenant can be protected:
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Tenant under 65 years
Tenants under 65 years of age (at the end of the lease) are protected if they meet the following 2 conditions:
- He is dependent on a person over 65 years of age (at the end of the lease)
- The cumulative amount of resources (on the date he takes possession of the leave letter) of all persons living in the dwelling is less than the following amounts:
Number of people | Types of people | Île-de-France | Other region | |
|---|---|---|---|---|
Paris or city bordering Paris | Other municipality | |||
1 | 1 person alone | €26,920 | €26,920 | €23,403 |
1 single person with the disability inclusion mobility card | €40,233 | €40,233 | €31,254 | |
2 | 2 people | €40,233 | €40,233 | €31,254 |
Special situation: | €52,740 | €48,362 | €37,584 | |
3 | 3 people | €52,740 | €48,362 | €37,584 |
Special situation: | €62,968 | €57,930 | €45,374 | |
4 | 4 people | €62,968 | €57,930 | €45,374 |
Special situation: | €74,919 | €68,577 | €53,376 | |
5 | 5 people | €74,919 | €68,577 | €53,376 |
Special situation: | €84,304 | €77,171 | €60,156 | |
6 and more | 6 people | €84,304 | €77,171 | €60,156 |
Per additional person | + €9,394 | + €8,598 | + €6,710 | |
Reminder
The municipalities bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-Sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Levallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Saint-Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes.
If this is the case, the renewal of the lease is automatic, unless the owner is in at least 1 of the following cases:
- He is over 65 years old (at the end of the lease)
- He has resources (on the date the tenant takes possession of the letter of leave) below the same maximum amount
- It offers the tenant, during the period of notice, a relocation solution corresponding to his needs and possibilities, and it is located nearby.
- If the municipality is divided into districts, the new dwelling must be located in the same district or in the bordering districts or in the communes bordering the district.
- If the commune is divided into cantons, the new dwelling must be located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
- In other cases, the new accommodation must be within a radius of 5 km.
Tenant over 65 years old
The tenant over 65 years (at the end of the lease) is protected if his resources (at the date of notification) are less than:
Number of people | Types of people | Île-de-France | Other region | |
|---|---|---|---|---|
Paris or city bordering Paris | Other municipality | |||
1 | 1 person alone | €26,920 | €26,920 | €23,403 |
1 single person with the disability inclusion mobility card | €40,233 | €40,233 | €31,254 | |
2 | 2 people | €40,233 | €40,233 | €31,254 |
Special situation: | €52,740 | €48,362 | €37,584 | |
3 | 3 people | €52,740 | €48,362 | €37,584 |
Special situation: | €62,968 | €57,930 | €45,374 | |
4 | 4 people | €62,968 | €57,930 | €45,374 |
Special situation: | €74,919 | €68,577 | €53,376 | |
5 | 5 people | €74,919 | €68,577 | €53,376 |
Special situation: | €84,304 | €77,171 | €60,156 | |
6 and more | 6 people | €84,304 | €77,171 | €60,156 |
Per additional person | + €9,394 | + €8,598 | + €6,710 | |
Reminder
The municipalities bordering Paris are: Aubervilliers, Bagnolet, Boulogne-Billancourt, Charenton-le-Pont, Clichy, Fontenay-Sous-Bois, Gentilly, Issy-les-Moulineaux, Ivry-sur-Seine, Joinville-le-Pont, Le Kremlin-Bicêtre, Les Lilas, Le Pré-Saint-Gervais, Levallois-Perret, Malakoff, Montreuil, Montrouge, Neuilly-sur-Seine, Nogent-sur-Marne, Pantin, Puteaux, Saint-Cloud, Saint-Denis, Saint-Mandé, Saint-Maurice, Saint-Ouen, Suresnes, Vanves, Vincennes.
If this is the case, the renewal of the lease is automatic, unless the owner is in one of the following cases:
- He is over 65 years old (at the end of the lease)
- He has resources (on the date the tenant takes possession of the letter of leave) below the same maximum amounts
- It offers the tenant a rehousing solution corresponding to his needs and possibilities, and it is located nearby.
- If the municipality is divided into districts, the new dwelling must be located in the same district or in the bordering districts or in the communes bordering the district.
- If the commune is divided into cantons, the new dwelling must be located in the same canton, or in a neighboring canton belonging to the same commune or to another commune divided into cantons.
- In other cases, the new accommodation must be within a radius of 5 km.
What to do in case of fraudulent leave?
The landlord must respect the reason for which he has given the tenant leave. If he doesn't, he gave a fraudulent leave to the tenant.
The tenant can challenge the reason for the leave (notice) given by the landlord.
To do so, the owner must have proof that the owner did not intend to sell the dwelling (for example, the sale price of the dwelling is excessive).
He must then seize the protection litigation judge the court on which the accommodation depends. He must ask the judge to award him damages for the damage suffered.
The judge may also order the owner to pay a criminal fine of €6,000 maximum (€30,000 maximum when the owner is a legal person).
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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