Direito de preferência na venda de casa arrendada mantém-se em casas herdadas

The right of first refusal in the sale of leased property remains in inherited homes.

The right of first refusal applies to tenants when a landlord intends to sell the leased property. But what if the property has been inherited by a family member of the landlord? Find out what happens in this article.

19 Mar 20244 min

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House inherited rented by landlord's relative? If you want to sell, the tenant still has the right of first refusal.

The right of first refusal requires that when a landlord wants to sell a rented property, current tenants have the preference to buy the house. But what happens when the landlord dies and the house is inherited by another family member?  

According to DECO PROteste on Idealista's weekly column, the preferential right of the tenant under the lease contract remains valid.

With the increase in rents, more and more landlords want to sell the rented properties, especially when the rental contracts are old and have low profitability. However, when wanting to sell the property, landlords should not forget about their duties and the rights of the tenants.

Legally, even if the rented property has been inherited by a family member, you must always notify the current tenants that you want to sell the property and take into account their pre-emption right over the purchase.

The case presented in the section by a tenant was as follows: "I have been living in a rented house for 55 years. I moved there when I was little with my parents, and it has been my home ever since. Meanwhile, my parents passed away, and I continued to live there. For years, the rental contract was in my father's name. Two and a half years ago, it was transferred to my name. However, my landlord passed away a month ago, and my house was left in a will to a niece. I found out that she is trying to sell the house without informing me, with real estate agencies already interested. I would like to know what my rights are and what I can do in this situation."  

According to DECO, even though the property was inherited by the landlord's niece, the lease agreement remains in effect until its term.

Since the lease agreement is in the name of the current tenant, she is the one who has priority to buy the property. Therefore, by not being informed about the intention to sell the house, "it ends up being a violation of your right and her duty. This is because the landlord must inform the tenant of his purpose to sell the house and all the data of that sale: price, payment conditions, date and place of the deed," explains the association. lease agreement.

Rights and duties to exercise your right of preference.

So you should know that, in this case, you have the rights and duties below: 

  • Receive a registered letter or email informing that the house will be sold and indicating your right of first refusal;  
  • Analyze if you want to buy the property based on the conditions presented;  
  • Give a response within 30 days, counting from the landlord's community receipt, about the decision to acquire the property or not;  
  • If there is no response within this period, you lose the right of preference and the landlord can proceed with the sale of the property to other interested parties;
  • By choosing the right of pre-emption, you can proceed to the next step of purchasing the property contract.

Want to exercise your right of preference and buy the property you had rented? The real estate agency Casa no Minuto can assist you throughout the process, simplifying bureaucracy, mediating communication with the seller, from the first step to the deed!  

In addition, if you need a housing loan, the credit intermediaries of Poupança no Minuto help with all the financing contracting, for free, to ensure the best proposal with the best conditions for you.


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