Notice given by the landlord: grounds, deadline and formalities
Notice given by the landlord must be based on an authorised ground and comply with a notice period and precise formalities. Certain tenants benefit from special protection.
Notice given by the landlord allows, in the cases provided for, the tenancy to end on its expiry date in order to sell the property, reclaim it or invoke a legitimate and serious reason. Its validity depends in particular on the ground, receipt of the letter and the tenant’s situation.
The rules vary according to the tenancy. For an unfurnished rental, notice to sell is subject to precise formalities and may give the tenant priority to purchase. For a furnished rental (furnished residential tenancy), notice to sell must reach the tenant at least 3 months before the end of the tenancy and is not accompanied by the offer to sell provided for unfurnished rentals.
Key points to remember
- Generally, the landlord gives notice for the expiry of the tenancy, to sell, reclaim the property or for a legitimate and serious reason.
- To sell an unfurnished rental property, the tenant must receive the letter at least 6 months before the applicable end date (3 months for a furnished rental).
- For an unfurnished rental, notice to sell constitutes an offer to sell for the first 2 months of the notice period. An exception to the right of pre-emption exists for a sale to a close relative who meets the prescribed conditions.
The grounds allowing notice to be given
According to Service-Public.fr, the owner can generally give notice to sell the property vacant, repossess it in order to live in it or accommodate a close relative, or for a legitimate and serious reason. A tenant’s breach may, in particular, constitute such a reason.
The landlord’s intention is not enough: the notice must comply with the rules applicable to the tenancy and reach the tenant within the prescribed period. The letter must state the chosen ground. For notice to sell an unfurnished property, it must also state the price and terms of the sale, otherwise it is void, and precisely describe the property and any associated outbuildings rented. It must set out the first 5 paragraphs of II of Article 15 of the Law of 6 July 1989 and be accompanied by the information notice concerning the landlord’s obligations and the tenant’s avenues of appeal and compensation.
For repossession by an individual owner, the property must become the principal residence of the owner or of a close relative falling within the prescribed categories.
A sale does not necessarily result in the tenant leaving. This possibility is distinct from notice to sell a vacant property.
Unfurnished or furnished rental: check the tenancy agreement
The type of tenancy determines the rules to apply. For an unfurnished rental, notice to sell includes an offer to purchase addressed to the tenant and requires a notice period of at least 6 months before the relevant expiry date.
For a furnished rental, the notice must reach the tenant at least 3 months before the end of the tenancy, compared with 6 months for an unfurnished rental, and notice to sell does not constitute an offer to sell to the tenant. The official information sheet on notice distinguishes between situations according to the tenancy agreement signed. Anah-approved housing and social housing are also subject to specific rules.
On the Alabaster Coast, a property rented year-round can be managed under a residential tenancy agreement. Cabinet Soudey offers year-round rental management through its sister company PCG Gestion.
How much time should be allowed to sell an unfurnished rental property?
For notice to sell to be valid, the tenant must receive the letter at least 6 months before the relevant expiry date. The date to consider is therefore not the date on which the landlord posts the letter, but the date of its receipt.
For a tenancy expiring on 20 September, the letter must reach the tenant by 20 March at the latest. Weekends and public holidays are included in the calculation: if the deadline falls on a Sunday, it remains set for that day.
When the month of receipt does not have the same date as the expiry month, the deadline is the last day of the month. For an expiry date of 31 August, the letter must be received by 28 February at the latest, or 29 February in a leap year.
The landlord may send their notice in advance. If the tenancy expires on 20 September and the tenant receives the letter on 3 March, the notice remains valid: the notice period begins on 20 March and the notice takes effect on 20 September.
After buying an already occupied property
For notice to sell, the expiry date to be taken into account also depends on the date the already occupied property was purchased, corresponding to the signing of the authentic deed.
- If fewer than 3 years separate the purchase from the end of the current tenancy, notice may be given for the end of the 1st renewal or the 1st extension of that tenancy.
- If this end date falls more than 3 years after the purchase, notice may be given for the end of the tenancy.
The administration gives this example: a property bought on 1 March 2025, whose tenancy expires on 31 May 2027, may be subject to notice to sell at the expiry of the first renewal, on 31 May 2030.
How should notice be given?
An electronic recorded-delivery letter may be used. When the recipient is a private individual, they must have previously agreed to this method of delivery: the owner sends them an email asking for their consent and stating that they have 15 days to accept or refuse.
With a paper registered letter, the period runs from the date of actual receipt. If the tenant is absent and the letter is returned to the landlord, or if they do not collect it from the post office, the notice period does not begin. Sending it early leaves open the possibility of using a judicial officer if necessary; their intervention is charged to the landlord.
In the case of service by a judicial officer, the period runs from the date the letter is filed or handed to the tenant. For hand delivery, it runs from delivery against a receipt or signature.
Sale of an unfurnished property: the tenant’s response
Notice to sell constitutes an offer to sell. The tenant benefits from a right of pre-emption: they have priority over other buyers. If there are several tenants, each benefits from this right.
This right does not apply when a close relative of the landlord, up to and including the third degree, buys the property to establish their main residence there and occupy it in that capacity for at least 2 years after the notice period expires.
The offer is valid during the first 2 months of the notice period. To accept it, the tenant informs the landlord by registered letter with acknowledgement of receipt within this period and specifies whether they are applying for a mortgage. If they accept within the period, any promise of sale concluded with another buyer is cancelled.
From the date their response is sent, the tenant has 2 months to sign the deed of sale, or 4 months if they apply for a mortgage. The notice period is extended until the end of the period allowed to complete the sale. A tenant exercising their right of pre-emption does not have to pay an estate agency commission.
The offer is rejected if the tenant expresses their refusal, does not respond during the first 2 months of the notice period or makes a counter-offer that the landlord refuses. If they leave during the notice period, they pay the rent and charges until the keys are handed over.
Protected tenants and challenging the notice
For notice to sell or reclaim the property, certain tenants are protected: the tenancy is then automatically renewed at expiry and notice served on them may be challenged. A tenant over 65 at the tenancy expiry whose resources are below a threshold set by order is protected. A tenant who has a person over 65 living habitually in the property as a dependant is also protected if the household’s resources are below this threshold. The beneficiary of parental presence allowance is also protected, subject to a means test. The tenant’s resources are assessed on the date the notice is served. In the first two cases, the protection does not apply if the landlord is an individual over 65 or if their resources are below the same threshold. In all three cases, it also does not apply if the landlord offers nearby rehousing corresponding to the tenant’s needs and means. The applicable protection conditions and thresholds can be checked with an ADIL, which provides free information. The official information sheet also details the situations of the tenant and landlord, as well as the proximity criteria for offered rehousing.
A tenant may challenge a notice in particular if a mandatory statement is missing, if the letter was not sent to all required recipients or if the notice period is insufficient. For notice to sell, the challenge may also concern its fraudulent nature. The tenant should begin by setting out the facts to the owner in a recorded-delivery letter with acknowledgement of receipt.
Frequently asked questions
Is the date the registered letter is sent sufficient to comply with the notice period?
For notice to sell an unfurnished rental, it is the actual receipt of the registered letter that counts. The letter must reach the tenant at least 6 months before the relevant expiry date.
What happens if the tenant does not collect the recorded-delivery letter ?
If the letter remains available for collection at the post office without being collected, the notice period does not begin to run. The owner may arrange for it to be sent in advance in order to allow time, if necessary, to use a judicial officer.
Can the landlord sell the occupied property?
In principle, the landlord may sell the property while the tenant is occupying it, without giving notice. The tenant then has no right of pre-emption, except in particular situations, for example if the building is sold. This sale is distinct from notice given to sell the property vacant.
Does the tenant have to accept the offer to sell?
They may refuse it or not respond to it during the first 2 months of the notice period.
What should you do if the notice is challenged ?
The tenant first sets out the facts to the landlord by registered letter with acknowledgement of receipt. If the disagreement persists, conciliation may be initiated, then the protection litigation judge may be approached; when the dispute concerns €5,000 or less, an amicable procedure is mandatory before approaching the judge.
Sources
Good to know. The content of the articles may contain errors, omissions or information that has become inaccurate since the date of publication, despite the checks carried out. It is provided for purely informational purposes: it does not replace the advice of a notary, solicitor, chartered accountant or property professional, and the firm accepts no liability in the event of incorrect information. For your situation, rely on the official sources cited or contact us.
