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I sell a property while it is occupied by a tenant who will stay in the premises. Should I offer to buy the property as a priority?
Tenant-occupied dwelling
In principle, no. You have chosen to sell the "occupied" property, you do not issue leave to the tenant.
When the lease is not called into question, the tenant does not have a right of priority at the time of sale. It is necessary to inform him in order to be able to carry out the diagnoses of the building and to visit the property. Once the deed of sale is signed at the notary's office, the new owner will communicate his identity and contact details.
By way of exception, the tenant has a right of pre-emption in 4 cases:
• I own the building in its entirety, I sell it in its entirety to a single buyer, and the building has more than 5 units.
• I own a property that includes at least two units, and I divide the building to sell the units to different buyers.
• I own a condominium lot , which I divide into several units, and I sell these units to different buyers.
• I am the owner of a commercial or artisanal premises rented to a tenant.
Attention : it is useful to be assisted by a professional to carry out the pre-emption procedures that the law has created for the benefit of tenants.
When the lease is not called into question, the tenant does not have a right of priority at the time of sale. It is necessary to inform him in order to be able to carry out the diagnoses of the building and to visit the property. Once the deed of sale is signed at the notary's office, the new owner will communicate his identity and contact details.
By way of exception, the tenant has a right of pre-emption in 4 cases:
• I own the building in its entirety, I sell it in its entirety to a single buyer, and the building has more than 5 units.
• I own a property that includes at least two units, and I divide the building to sell the units to different buyers.
• I own a condominium lot , which I divide into several units, and I sell these units to different buyers.
• I am the owner of a commercial or artisanal premises rented to a tenant.
Attention : it is useful to be assisted by a professional to carry out the pre-emption procedures that the law has created for the benefit of tenants.
Good to know
After the grant of the leave, if the owner revises its price downwards, he must present you with a new offer (valid for one month), otherwise the sale could be canceled at your request ; even if you have already left the premises.
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