Notice to sell in France: tenant's notice and pre-emption

Selling with the tenant in place or with vacant possession

The landlord does not have to give notice in order to sell. They can sell the home occupied at any time: the tenant stays in the property and the lease continues on the same terms with the new owner, who will in particular have to return the tenant’s dépôt de garantie (security deposit) (service-public.gouv.fr, F35784). See our guide acheter un logement occupé (buying a tenanted property).

A notice to sell is only useful to sell the home with vacant possession, and it can only take effect when the lease expires, never during the lease.

Unfurnished home: the 6-month notice

Deadline. The tenant must receive the notice no later than 6 months before the lease ends (art. 15, I). The period runs from the day the registered letter is received, the day it is served by a commissaire de justice (court officer), or the day it is handed over in person.

Form. Registered letter with acknowledgement of receipt, a deed served by a commissaire de justice, or hand delivery against a receipt or signature (art. 15, I). Service-public.gouv.fr also accepts electronic registered mail with the recipient’s prior consent; a simple email is not valid (F929).

Content. The notice states the reason (the sale), the price and terms of the intended sale and a description of the home and its outbuildings; it sets out the tenant’s rights and comes with an information notice on the landlord’s obligations and the tenant’s remedies (art. 15; F929).

Home bought with a tenant in place. If the current lease ends less than 3 years after the purchase, the landlord can only give notice to sell at the end of the first tacit renewal or first renewal; beyond 3 years, they can do so as soon as the current lease ends (art. 15, I).

The tenant’s right of pre-emption

The notice counts as an offer to sell “during the first two months of the notice period” (art. 15, II).

If the sale is not signed within the deadline, the acceptance has no effect. During these periods, the lease is extended until signing (art. 15, II).

Price reduction. If the owner later decides to sell on terms or at a price more favourable to the buyer, the notaire (notary) must notify these new terms to the tenant, who has 1 month to accept (art. 15, II). This is the “secondary right of pre-emption” (droit de préemption subsidiaire).

Exception. The right of pre-emption does not apply to a sale to a relative up to and including the third degree, provided the buyer occupies the home for at least 2 years (art. 15, II).

If the tenant does not buy, they must leave the property no later than the last day of the notice period. They can leave earlier and then only pay rent and service charges until they hand back the keys (F929).

Furnished home: 3 months, no priority to buy

For a furnished lease, a landlord who wants to sell gives notice 3 months before the lease expires, in the same forms (art. 25-8). Article 25-8 provides for no offer to sell to the tenant: the tenant “may buy the home they live in, but has no priority” (service-public.gouv.fr, F35784). See our guide on the bail meublé (furnished lease).

Protected tenants

The landlord cannot give notice to a tenant aged over 65 whose annual income is below the ceiling set for allocating logements conventionnés (state-subsidised rented housing), unless they offer rehousing suited to the tenant’s needs and means, within the geographical limits set by law (art. 15, III; art. 25-8 for furnished lets). The ceiling depends on the household’s composition and the area: check the current scale on fact sheet F929 on service-public.gouv.fr. The law also protects other situations (a tenant supporting a person over 65, for example): see our guide to the landlord’s notice.

This protection does not apply if the landlord, as an individual, is themselves over 65 or has an income below that same ceiling (art. 15, III).

Penalty. A fraudulent notice to sell is punishable by a criminal fine of up to €6,000 for an individual and €30,000 for a company (art. 15 and 25-8); the tenant may also claim damages (F929).

Which professional to consult

The notaire (notary) handling the sale checks that the notice is valid, makes sure the tenant’s right of pre-emption has been respected and notifies the tenant of any price reduction, as article 15 requires. The agent immobilier (estate agent) managing the property can draft and serve the notice in the proper form. Before the property goes on sale, the diagnostiqueur (property surveyor) prepares the survey file to be attached to the preliminary contract (see diagnostics obligatoires (mandatory surveys)).