Selling rented real estate is quite possible. Indeed, it is not necessary to wait until the end of the lease to put his house on sale. Unlike a property sold free of any occupant, there are however rules to know, including the right of first refusal of the tenant. What is the procedure? What happens to the lease after the sale? The answers are here...
Sell a house occupied by a tenant
Can we give the tenant leave to sell?
You should know that a house can be quite sold rented. However, a house sold free any occupant is selling more easily and more expensive. Indeed, the price of a sold sold property can sometimes know a discount of 10 to 20%. This depreciation varies according to the time remaining on the lease, the amount of the rent, the conditions of the lease and the age of the tenant.
If the lease agreement ends, it is therefore advisable to give the tenant leave to sell, respecting of course the deadlines: 6 months before the expiry of the lease in empty lease or 3 months in furnished rental. In this case, you sell your free housing since your tenant is required to leave the dwelling.
If you are late, you sell your occupied house because the tenant remains in place and, in this case, rules must be respected.
The tenant's right of first refusal
In accordance with article 10 of the law of December 31, 1975, the tenant under lease has a pre-emption right on the sale of a house. Clearly, the right of first refusal on sale means that the tenant has priority over any other buyer to acquire the property at the asking price. In this case, the owner has the obligation to inform the tenant by registered letter with acknowledgment of receipt or by bailiff. The offer of sale must mention:
- the price of the house
- as well as all the conditions of the sale
The tenant then two months to let the landlord know if he wants to buy the property at the asking price.
After two months, the tenant's refusal or lack of response means that he does not want to buy the house. The owner is free to put his property for sale by his own means or through the services of a real estate agency. The tenant has a duty to visit the premises normally provided in the lease, two hours on working days.
Transfer of the lease
In case of sale of a property occupied, the seller sells his property "lease included" which means that the lease is transferred to the new buyer. After the sale, the future owner will have to make known to the tenant in place and tell him the place of payment of the rent. The lease continues under the same conditions with the new owner.