The eviction notice for sale

Since January 1, 2018, the landlord (or their representative) must provide a regulatory information notice with any eviction notice for sale or recovery. This notice is mandatory only for vacant properties rented as a primary residence. If you are a landlord, wish to sell, and your property is currently occupied by a tenant, it is easier to sell without the tenant. To do so, you must notify the tenant with the eviction notice for sale.

Why Give an Eviction Notice to Your Tenant Before Selling?

If a tenant is occupying the property you want to sell, you have two options: give an eviction notice for sale to your tenant or sell the property with the tenant still living there. To make your decision, you should know that the sale of the property will be faster if it is vacant compared to if it is occupied. In fact, future buyers (unless they are investors) will prefer the option to move into their new home as soon as they wish. It is also worth noting that a vacant property can be sold at its fair price, while the sale price of an occupied property typically suffers a decrease of about 20%.

What Procedure to Follow to Give Notice to Your Tenant?

It is not possible to terminate your tenant’s lease before its anniversary date, which is every 3 years for unfurnished rentals. The notice must be given to all signatories of the lease. Married individuals are joint tenants by default, so you must send a notice to each of them. However, you are not required to send a notice to a cohabitant (whether PACSed or not) if their name is not on the lease. As a landlord, you must carefully follow the legal requirements when giving notice. If this is not done correctly, the notice and the associated termination of the lease will not be valid and will have no legal standing. The lease will automatically be renewed if the term expires. Here are the conditions to follow to ensure your eviction notice is valid: Our Yearly Property Management Offer – Carmen Immobilier

Notice Period for Eviction Due to Sale:

To sell a property free of occupation, you must respect a notice period of 6 months before the end of the lease for unfurnished rentals. For furnished rentals, this notice period is reduced to 3 months. The eviction notice for sale must therefore be given to your tenant at least 6 months (or 3 months for furnished rentals) before the lease expires, taking into account any potential postal delays. If the notice is sent earlier, it does not affect the lease termination dates or the preemption period.

Contents of the Eviction Notice for Sale:

For an unfurnished property: The eviction notice must clearly state that it is being given for the purpose of selling. The notice must also include the price, sale conditions, the lot numbers, apartment, and any annexes, as well as the share of the property. It should reference the description of the property as stated in the lease. The first five paragraphs of Article 15-II of the 1989 law must also be included. To properly evaluate the price, you should rely on an accurate estimate, for which you can consult a real estate advisor. The estimate is free of charge.
For a furnished property: The only reason for eviction that needs to be indicated in the notice is “for sale”.

The letter must be delivered either in person with acknowledgment of receipt, by registered mail with return receipt requested, or by a bailiff’s act. An exception exists for certain protected tenants to whom you cannot give an eviction notice: this applies to tenants over 65 years of age, subject to income conditions (see here). The mandatory details differ in the case of a notice for repossession of the property. For more information, refer to the Decree of December 13, 2017, regarding the content of the information notice on landlord obligations and tenant recourse options, attached to the notice of eviction due to the landlord’s decision to repossess or sell the property.

Vacant Property: What is the Right of Preemption?

The current tenant has the right of preemption, meaning they have priority over any other buyer to purchase the property being sold, should they wish to become the owner. The eviction notice thus serves as an offer to sell to the tenant. However, the tenant must accept the offer within the first two months of the notice period. Be aware that if the tenant does not accept the offer and the seller decides to sell at a lower price, the tenant must be notified of the price reduction. This is known as the **subsidiary right of preemption**.

Note that the Right of Preemption Does Not Apply in Certain Situations:

It does not apply if you wish to sell the property to a family member (up to the 3rd degree).
If the property is furnished.
If the building is considered uninhabitable according to the legal criteria.

Important to Remember: An eviction notice for sale given verbally to a tenant has no legal value, nor does a notice that does not comply with the legal notice periods (either too early or too late). It is also possible to re-rent the property after an eviction notice for sale under certain strict conditions. If, after giving a notice for sale, you decide to re-rent the property, you must first offer it to the previous tenant. This rule protects the tenant from potentially abusive practices. Our Carmen Immobilier advisors are here to assist you with these procedures. Feel free to contact us.