How to sell a rented apartment?
Discover the steps, obligations, and calculations to sell an occupied apartment with complete peace of mind.
Selling an occupied property: what you need to know
Are you the owner of a rented property and considering selling it? In this case, certain obligations arise. Selling an occupied home requires a good understanding of the legal conditions and implications for the tenant.
In many Belgian cities, the market for rented housing is dynamic and offers interesting profitability opportunities. This article helps you better understand the steps of the sale and answer the questions that a buyer interested in an already occupied home might ask.
How to assess the profitability of a rented property?
When an investor considers purchasing a property for the purpose of renting it out, profitability is the key element they analyze. While bank investments offer an average annual return of 2 to 3%, real estate stands out for its higher potential, provided that the associated risks and costs are well measured. To evaluate rental profitability, one must compare the annual rental income to the total purchase cost of the property, including notary fees.
Gross profitability = (Annual rent / Total purchase price) x 100.
Net profitability = ((Annual rent - Charges and miscellaneous fees) / Total purchase price) x 100.
The charges to be deducted include: property tax, non-recoverable charges, insurance, and maintenance costs.
The seller's obligations and the right of first refusal in Brussels
When selling an occupied property, the rental contract continues until its end. You simply need to inform the tenant, who remains in the premises under the same conditions, without a right of first refusal (except in Brussels). The tenant must allow visits and will be informed of the change of ownership at the signing with the notary.
Since January 1, 2024, in Brussels, a right of preference applies: the tenant who has been in occupation for more than 3 years has a priority to purchase. You must therefore inform them of your intention to sell by registered mail with acknowledgment of receipt. They then have 30 days to respond.
This right only applies to non-furnished properties occupied under a lease of 3 years or more, with the tenant having their principal residence there.
