Search Q&A
notice for tenants
None at all.
You need to sell it to your son, and HE needs to give them 6 months notice.
The Notaire who handles the sale will a
None at all.
You need to sell it to your son, and HE needs to give them 6 months notice.
The Notaire who handles the sale will a
None at all.
You need to sell it to your son, and HE needs to give them 6 months notice.
The Notaire who handles the sale will a
What happened there?
In short, discuss this with a Notaire.
Everything is ruled by anything specific which is in your contract but, if it is a standard contract as applied when the current tenants moved in, as J says, it is up to the new owner to give - almost certainly 6 months - notice that he intents to live in it.
That said, why would you NOT want to tell your tenants what you plan to do - whatever the contract says on the subject?
Yes, of course tell the tenant what your plans are. Tell them that you are going to go through the legal process of selling the propert to your son, and that once the sale is complete, they will have up to 6 months to find another place. Tell them they can give 1 month's counter notice in that period.
Good communication = less stress = better planning = smoother process. For everyone.
You do realise that if you officially sell to your son her will have to pay the purchase tax? If it is just to give him somewhere to live for a while, better to leave it in your name. you have to give 6 months notice to the tenant, but fairest is tell them they can leave anytime with only 1 month's notice.
Something else to take into account. You say you have been renting out the flat since 2006. Has it been the same tenants the whole time? If so, the first lease of nine years expires in 2015. It might be in idea to end the lease at this point, by giving six months notice (of course, if the lease started for example in February 2006 it would be too late for that now). You can end the lease at the end of this nine-year period without giving any reason and without paying any penalties, simply stating that you do not want to renew the lease.
If, on the other hand, you either give notice by stating that your son is going to live in the apartment, or your son buys the apartment and then gives notice stating that he is going to live in the apartment, he will in fact have to live in the apartment for a minimum of two years. I understand that he is planning to do this, but if his circumstances change for any reason, and he has to live somewhere else, and the former tenants find out about this, they are entitled to sue you (or your son, if he is the owner) for compensation, and they have good chances to win. The maximum compensation that they can obtain is equivalent to the rent of 18 months.
If however you give notice to the tenants by stating that you do not with to renew the lease, you or your son can then do whatever you want with the apartment, including renting it out again to different tenants.
