Tenant’s Right of First Refusal in 2025: What You Need to Know
Are you a tenant in an unfurnished property and your landlord plans to sell it? If so, you may benefit from the tenant right of first refusal. This legal provision gives you the opportunity to buy the property before it’s offered to others, as long as you meet the required conditions. In 2025, the tenant right of first refusal remains in effect under the law of July 6, 1989.
What is the tenant’s right of first refusal?
The tenant’s right of first refusal is defined in Article 15, II of the law n°89-462 of July 6, 1989. It only applies when the landlord gives notice to sell at the end of the lease for a property rented unfurnished as a main residence.
The notice given to the tenant acts as a formal offer to sell. The tenant then has 2 months to accept (or 4 months if applying for a mortgage loan).
When does the tenant’s right of first refusal apply?
- Type of property: unfurnished rental used as a main residence.
- Reason: notice is given specifically to sell the property.
- Notice period: at least 6 months before the lease ends.
- Form: notice sent by registered letter with acknowledgment of receipt or by bailiff.
- Content: the offer must state the price and sale conditions.
➡️ Outside of these conditions, the tenant cannot exercise the right of first refusal.
When does the tenant’s right of first refusal not apply?
- Sale to a family member: up to the third degree (uncle, aunt, nephew, niece, first cousin, etc.).
- Furnished rental: only unfurnished properties are covered by this rule.
- Sale during the lease: if the landlord sells the property without issuing a notice to sell, the tenant has no preemptive rights.
- Unsanitary housing or property under a danger order: excluded from the right of first refusal.
- Urban preemption right exercised by the city: the municipality has priority in this case.
📄 Source: service-public.fr
What is the procedure in case of a notice to sell?
- The landlord sends a notice to sell to the tenant at least 6 months before the lease ends.
- This notice includes a detailed offer to sell.
- The tenant has 2 months to accept (or 4 months if applying for a mortgage).
- If the tenant accepts, the sale must be completed within the allowed time.
- If the tenant refuses or does not respond, they must vacate the property when the lease ends.
👉 Learn more at ADIL 75.
Penalties for non-compliance with the tenant’s right of first refusal
If the landlord does not comply with the law, the tenant may request the sale to be annulled. The landlord may also face an administrative fine of:
- €6,000 for individuals,
- €30,000 for legal entities.
🔍 References: bailpdf.com
How to better manage your rental property in 2025
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ℹ️ Also check out our article on housing overcrowding in 2025.
