Can you sell a rented or occupied property?

Selling occupied: the lease continues

You can sell a rented home at any time without waiting for the tenant to leave. This is known as an "occupied" sale: the new owner buys the property with the current lease, which they must respect until its end.

This solution is faster because it requires no notice procedure. The property generally sells a little cheaper than a vacant home (a common discount linked to the occupancy), but it appeals to investors seeking a tenant already in place.

Selling vacant: the notice to sell (unfurnished rental)

If you want to sell the home vacant (to an individual who wants to live in it, for example), you must give the tenant notice to sell. For a home rented unfurnished as a main residence, this notice is governed by Article 15 of the Act of 6 July 1989.

The notice to sell must be given for the lease's expiry date, with at least six months' notice before that term. It constitutes an offer to sell for the benefit of the tenant, who has a pre-emption right.

• The notice states the price and conditions of the proposed sale.
• The tenant has two months to accept the offer.
• If they accept, they in principle have two months to sign the deed (four months if they declare they will use a loan).
• If they refuse or do not respond, they must leave the premises at the end of the lease and you can sell to a third party.
• If you then sell to a third party at a more favorable price or conditions, the notary must notify these conditions to the tenant, who then has a new pre-emption right.

Furnished rental and special cases

In a furnished rental as a main residence (governed by Article 25-8 of the Act of 6 July 1989), the rules differ: to not renew the lease, the landlord must give notice at least three months before the term, stating the reason, with the sale being an admitted reason. However, the pre-emption right of Article 15 does not apply to furnished rentals: the tenant of a furnished home does not benefit from this legal pre-emption right. You also remain free to sell the home occupied, without giving notice.

Other situations open up specific pre-emption rights, in particular the first sale of a home after the division or conversion of a building into co-ownership, or certain sales by lots.

Because of the technical nature of these rules and the timelines to respect, it is strongly advised to have the procedure checked by a notary before giving notice: an irregular notice is void and wastes time.