Leave – take-back for sale by bailiff



You have given a dwelling to be rented and you wish to end the lease at its expiry to sell the dwelling. In this case, you must deliver a leave to your tenant either by registered letter with acknowledgement of receipt or by bailiff’s act at least six months before the expiry date of the lease. It is advisable to send the leave by bailiff for more security because if you send a registered letter, it is possible that your tenant will not pick it up at the post office in case of absence. The leave must state the reason for which it is given. In this case, it is given because you intend to sell the rented premises. The leave must contain an offer to sell the rented accommodation to the tenant who has a right of first refusal as well as the price and conditions of the planned sale. If the tenant exercises his right of pre-emption, the sale will be formed on these bases. Paragraphs 1 to 4 of article 15-II of Act No. 89-462 of 6 July 1989 must be reproduced in the leave. In particular, they shall specify the procedures for the exercise of the lessee’s right of first refusal. It is advisable to remind the tenant that if the right of pre-emption is not exercised, the leave ends the rental. In particular, it obliges the tenant to leave the premises for the effective date of the leave and the expiry date of the lease, after having fulfilled its rental obligations.


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