Can You Sell an Apartment with a Tenant?

If you have a rented property and you are considering selling it, it is normal to ask yourself: can you sell an apartment with a tenant? The answer is yes, but it is important to be well aware of the current regulations and act with transparency to avoid conflicts. In this post we explain how to sell an apartment with a tenant, what rights the tenant has and what you should take into account before putting it on the market.

Can You Sell a Rented Apartment According to the Law?

The Urban Leasing Law (LAU) allows you to sell an apartment with a tenant, even if there is a rental agreement in force. In this case, the buyer acquires the property with the existing contract and is obliged to respect it until its termination.

This means that the new owner cannot evict the tenant or modify the agreed conditions. Therefore, the apartment can be sold, but not “free of charges” if there is a tenant with an active contract.

In addition, this sale is subject to certain conditions, since rights such as first refusal and withdrawal come into play, which the tenant can exercise if they have not expressly waived them in the contract.

How to Sell an Apartment with a Tenant?

To sell an apartment with a tenant legally and effectively, it is important to follow a few clear steps:

1. Review the Rental Agreement

Before putting the apartment up for sale, check if the contract includes the right of first refusal and withdrawal, a legal mechanism that gives the tenant priority to buy the property.

If this right is active (and has not been waived in writing), the owner must notify the tenant in writing of the conditions of the sale. The tenant will have 30 calendar days to decide if they want to buy it.

2. Notify the Tenant in Writing

It is essential to inform the tenant of the intention to sell. This communication must be formal (preferably by certified mail) and include the price and conditions of the sale. This complies with the regulations and prevents the tenant from subsequently claiming the right of withdrawal.

3. Inform the Buyer that the Apartment is Rented

The buyer must know that they are acquiring the apartment with a rental agreement in force, and that they must respect it. This is key information for any investor or buyer looking for an immediate return.

4. Reach an Agreement with the Tenant, if Necessary

If your goal is to sell the apartment free of occupants, you can reach an agreement with the tenant to leave the property early. Often, this involves offering financial compensation, but it allows you to speed up the sale.

Is it Better to Sell with the Tenant or Wait for the Contract to End?

It depends on your objective:

• If you are looking for a quick sale and have an apartment with active profitability, selling with a tenant may be attractive to investors.
• If you prefer to sell to families or individuals, they will probably want the apartment free, and you should reach an agreement with the tenant to terminate the contract beforehand.

In any case, it is important to assess the market, the profile of the potential buyer and the conditions of your contract.

Espígul Helps You Sell your Apartment with a Tenant

At Espígul, we know that selling an apartment with a tenant can generate doubts. That’s why we offer you personalized advice so you can carry out the operation with all the guarantees.

We help you review the rental agreement, manage communication with the tenant and find the right buyer. Contact us and sell your rented apartment with the security of having an expert team by your side