Tenant's right when a property is sold

This measure came into force on 6 January 2024 and applies to sales initiated from that date onwards. 

The right of first refusal applies to all principal residence leases with a duration of 9 years or more. 

Therefore, the measure does not apply to short-term leases. 

Sales between members of the same family are also excluded. 

The tenant must be officially registered as residing in the property. 

Before concluding any sale of a rented property, the landlord must inform the tenant, by registered letter with acknowledgement of receipt, of their intention to sell the property and the right of first refusal available to the tenant, their legal or de facto cohabitant and their children if they are also registered as residents in the property. 

The letter must also include a description of the property (including the address, floor area and cadastral designation), as well as the price and conditions of the proposed sale. 

This notification serves as a formal offer to sell to the tenant (non-negotiable in terms of price and conditions). 

The tenant has 30 days to assess their ability to buy the property and to inform the landlord of their decision to exercise or waive the right of first refusal. 

If the tenant declines or does not respond within this period, the sale of the property proceeds on the open market. 

If the property is then offered to another buyer at a lower price or under more favourable terms, the tenant has a further 7 days to exercise their right of first refusal. 

Both the notary and the estate agent handling the sale are required to check whether the tenant has been correctly informed of their right of first refusal. If this is not the case, they must inform the tenant themselves. 

The right of first refusal also applies in the event of a public sale, under specific conditions outlined in the ordinance. 

The ordinance provides for a sanction if a sale is conducted without respecting the tenant's right of first refusal. 

The tenant may take legal action in subrogation against the buyer. This means the wronged tenant can assume the rights and obligations of the buyer under the notarised deed of purchase. The tenant will then pay the buyer the purchase price and the associated costs to become the new owner of the property. 

In such a case, the wronged buyer may, in turn, take action against the landlord, notary or estate agent responsible for the breach.