1. Notification to tenants
As an owner, you have two fundamental obligations when selling a rented home:
- Notify tenants: You must notify tenants residing in the property with a current lease of your intention to sell the property. This notification must be made within a period of 30 calendar days before the date scheduled for the sale.
- Inform those interested in purchasing the home: In addition, you must explain to potential buyers that the home is currently rented. This is crucial so that stakeholders are aware of the situation.
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2. Content of the written notification
The written notice sent to the tenant must include the following essential information:
- Location, Day, Month and Year: Indicates the date of the notification.
- Owner's Full Name and Address: Make sure you provide your details correctly.
- Reason for Notification: Explain that you are selling the home.
- Tenant's Name and Address: Identifies the affected tenant.
- Rental Contract Date: Specifies when the contract was signed.
- Preferential acquisition right: Informs the tenant about their right of first refusal. According to the Urban Leasing Law (LAU), the tenant has preference if they decide to buy the home under the conditions established in the sale notification.
3. The tenant's right of first refusal and withdrawal
The right of first refusal means that, if the tenant wants to buy the home, he or she has priority over other interested parties. However, we must consider the following:
- Waiver of the Right of First refusal: Some rental contracts contain clauses in which the tenant waives his right of first refusal. In such cases, the tenant would not have purchasing priority.
Real cases and results
Let's imagine a real case:
- Ana and her apartment in Alicante:
- Ana is the owner of an apartment in Alicante that she rents to a tenant named Carlos.
- Ana decides to sell the apartment and notifies Carlos in writing, including the sale price and the date of formalization of the sale.
- Carlos, upon finding out, decides to exercise his right of first refusal and buys the apartment.
- The result: Carlos acquires the home and continues living there as owner.
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Conclusion
Communicating the sale of a rented home is a legal and ethical process. Adhering to deadlines and providing complete information is essential to ensure a smooth transition for both tenant and landlord. I always recommend consulting with a legal or real estate professional to ensure you comply with all applicable regulations. Use our service comprehensive rental management and has professional, hassle-free management for your properties.
