Sell · Tenanted flat
Selling a tenanted flat: the rules, the price and the method
A tenanted flat can be sold at any time, without giving the tenant notice: the lease continues with the buyer. Covesta presents your property to investors who are specifically looking for a home that is already let, with its lease, its rents and its payment history. The fees are payable by the buyer.
Updated on
Selling occupied or vacant: what French law says
The rules that apply depending on whether you sell with the tenant in place or after giving notice. Each line states its source.
| Key point | What to remember | Source and date |
|---|---|---|
| Sale with the tenant in place | The sale is possible at any time. The lease continues on the same terms with the buyer, and the tenant has no pre-emption right, except on the first sale of the home after the building has been divided into units. | French Civil Code, article 1743; law of 31 December 1975, article 10 |
| Notice to sell, unfurnished let | Notice can only be given for the end of the lease term and must be received by the tenant at least six months beforehand. It counts as an offer to sell: the tenant has priority during the first two months of the notice period. | Service-Public (official French government site), page checked on 1 June 2026 |
| Notice to sell, furnished let | Notice must be received by the tenant at least three months before the end of the lease term. The tenant of a furnished home has no pre-emption right. | French law of 6 July 1989, article 25-8 |
| Deposit | After the sale, the new landlord is responsible for returning the deposit to the tenant. In practice, the amount is therefore handed over to the buyer in the deed of sale. | French law of 6 July 1989, article 22 |
| Viewings | Viewings are arranged with the tenant. A lease clause cannot require the tenant to allow viewings on public holidays, or for more than two hours on working days. | French law of 6 July 1989, article 4 |
| Home rated F or G | A home rated F or G can still be sold. However, a home rated G can no longer be the subject of a new lease, a renewal or a tacit extension since 1 January 2025: the buyer takes this into account in the price. | Service-Public, DPE page checked on 1 January 2026 |
Sell occupied or wait for the lease to end?
Selling occupied means selling now: no notice to serve, no empty home during the sale, rents received until completion. The buyer is an investor, who is buying income already in place.
Selling vacant opens the market to buyers who want to live in the home, but means waiting for the end of the lease term, observing the notice period and, for an unfurnished let, offering the home to the tenant first. Notice to sell is strictly regulated: some elderly tenants on modest incomes are protected, and an irregular notice has no effect.
We compare the two options with you: likely price in each case, timetable, rents received or lost while waiting.
What an investor looks at
A rent at market level, a tenant who is up to date with payments and a complete file support the price. An old rent well below the market weighs on the price: the investor reasons in terms of yield, always presented as an estimate.
- The rent, compared with the market and with the rent control cap where it applies.
- The lease: furnished or unfurnished, start date, end of term, review clause.
- The payment history and the amount of the deposit.
- The energy rating and the works to be planned in the home.
- The co-ownership: service charges, works voted, minutes of the latest general meetings.
- Property tax and non-recoverable charges.
What changes for the tenant and for the buyer
For the tenant, nothing changes: same lease, same rent, same deposit. The tenant is told who the new landlord is and where to pay the rent.
The buyer, however, cannot freely take the home back. If the lease term ends less than three years after the purchase, notice to sell can only be given at the end of the first renewal or tacit extension of the lease. If the buyer wants to live in the home and the term ends less than two years after the purchase, the notice only takes effect two years after the purchase (French law of 6 July 1989, article 15). This is why a tenanted flat sells above all to investors.
Sale fees
In our sale mandates, the fees are payable by the buyer and included in the advertised price: you receive the agreed net seller price. The scale decreases from 7% to 4% incl. VAT of the net seller price depending on the price band, with a minimum of €6,000 incl. VAT. No fee unless a sale is completed.
See the sale fee scaleFrequently asked questions
Selling a tenanted flat: your questions
Can a tenanted flat be sold without the tenant's consent?
Yes. The owner can sell a let home at any time: the lease continues with the buyer, on the same terms. The tenant's consent is not required; viewings, however, are arranged with the tenant.
Does the tenant have priority to buy?
Not if you sell the home occupied. The tenant does have priority if you give notice to sell an unfurnished let: the notice counts as an offer to sell, valid during the first two months of the notice period. A pre-emption right also exists on the first sale of the home after the building has been divided into units.
Does a tenanted flat sell for less?
It depends on the lease. Buyers who want to live in the home are excluded, and the price is reasoned in terms of yield: a rent at market level and a tenant who is up to date with payments support the price, while a very low old rent reduces it. We value the property in both situations, occupied and vacant, so that you can compare.
What happens to the deposit?
It follows the lease. French law provides that after the sale, the new landlord is responsible for returning the deposit to the tenant. In practice, the amount is therefore handed over to the buyer in the deed of sale.
Can a let home rated F or G be sold?
Yes, the sale is not prohibited. The buyer must however know that a home rated G can no longer be the subject of a new lease or a renewal since 1 January 2025, and that class F will be affected in 2028. The cost of the works therefore becomes part of the negotiation.
Who pays the fees?
The buyer. In our sale mandates, the fees are included in the advertised price and you receive the agreed net seller price. The scale decreases from 7% to 4% incl. VAT depending on the price, with a minimum of €6,000 incl. VAT.
This information is general and does not replace personalised legal or tax advice. Any rent, price or yield figure is an estimate: property investment carries risks, including the risk of capital loss.
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