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Thegonnec
Thegonnec, Judge
Category: French Law
Satisfied Customers: 1412
Experience:  11 years experience as judge at Paris Industrial Tribunal
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I have a tenant in my property in France for 2 years, I now

Resolved Question:

I have a tenant in my property in France for 2 years, I now wish to sell the property and the tenant has told me that under French law they have up to three months to acquire a mortgage. Can you tell me if this is correct.
I have other cash buyers interested in the property. I have put the house up for sale as a private situation not using a notaire.
many thanks
TC
Submitted: 2 years ago.
Category: French Law
Expert:  Thegonnec replied 2 years ago.
Hello,
Before you can put the property on the market, you have to notify your tenant, at least 6 months before the end of the lease, by recorded delivery mail that you wish to sell and advise them of the price asked. They then have 60 days to accept.
If they refuse, or do not answer, the tenants have to move at the end of the lease. If they accept in writing, they then have 4 months to secure a mortgage.
If they refuse and you have an offer at a lower price than the price offered in the initial letter, you have to restart the whole process. (Basically the tenant must have a chance to buy at the lowest price you are ready to sell, otherwise the sale would be void).
You can handle negotiations by yourself without the assistance of a real estate agent or a notaire but the sale must be recorded by a notaire who will draft the deeds. It is compulsory under French law.
Customer: replied 2 years ago.

There is no lease end as such and the purchasers are happy for the tenants to stay does this make any difference.

The tenants are struggling to obtain a mortgage and I have two cash buyers come in at a higher price than original asking price, I have informed the tenants of this.

Many thanks

Expert:  Thegonnec replied 2 years ago.
Sorry for the delayed response.
Legally there must be a lease end. And you cannot sale at any time but at this lease end. If there is no written lease, the legal lease end will be deemed to be 3 years after the tenants entered the premises. You must make the written official offer to the tenants at least 6 months before this date. Otherwise you cannot sell the property before another 3 years... This is a real painful procedure protecting tenants.
Un-fortunately, even if the purchasers are happy to keep the tenants, you cannot avoid this procedure. Or the sale would have no legal value and you would owe the tenants damages.
Even if you have two cash buyers, you cannot shorten the procedure. The tenants have 4 months to seek a mortgage after they have answered your official offer. Which they must do no longer than 2 months after they receive this offer.
Thegonnec, Judge
Category: French Law
Satisfied Customers: 1412
Experience: 11 years experience as judge at Paris Industrial Tribunal
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