Locataire : mon propriétaire vend, quels sont mes droits ?

You found the perfect apartment to rent. However, your landlord informs you that they want to sell the property. They have two options: terminate the lease to sell the property without a tenant or sell the rented property. But what are your rights as a tenant? Can you challenge this sale? Do you have priority to acquire the property? Here are our answers.

Sale of a Rented Property: Landlord's Rights in Relation to the Tenant

A property owner who has a tenant under a lease agreement can indeed proceed with selling their property. This involves a transfer of ownership, while the existing lease continues. The purchaser becomes the new landlord of the tenant. There is no need to draft and sign a new lease since the rental conditions remain unchanged. Only an addendum will modify the name of the new owner. However, this applies when your landlord sells the apartment with a tenant, which they must clearly indicate to the buyer. However, to sell the property at a better price, it is preferable for it to be vacant. Therefore, the landlord may send you a registered letter to terminate the lease. Nevertheless, they cannot evict you without respecting the notice period for termination mentioned in the contract or, in the absence of such clause, the legal notice period of three months.

Sale of a Rented Property: Tenant's Rights in Relation to the Landlord

A tenant whose rented property is being sold finds themselves with limited power. They cannot challenge the sale as the landlord remains free to sell their property at any time. Even if the tenant has the financial capacity to purchase the property, they are not given priority over other potential buyers. The landlord is not obligated to justify the reasons for termination. The tenant can ask for an explanation, but ultimately cannot oppose it. The only means of challenge is through procedural irregularities. The landlord must terminate the lease according to the proper procedures. An official form provided by the canton where the property is located must be sent to the tenant, respecting the lease termination notice period.

After the Sale: Solutions for the New Landlord and the Tenant

If your apartment is sold but you remain a tenant, the new landlord can terminate the lease after the sale if they wish to occupy the property themselves or allocate it to one of their close relatives. As a tenant, you will have to search for a new rental apartment. If you find yourself in this situation, do not despair.

This article cannot be exhaustive and does not engage the responsibility of its author.