Buying Property in France: Why Vacant Possession Matters
Disclaimer:
This article is written for buyers — meaning people who do not currently own a tenanted property.
Nothing in this post suggests that the rights of an existing tenant should be infringed upon.
Purchasing a residential property in France?
There are two words that matter more than most:
Vacant possession.
If you are buying a property in France with the intention of living in it — or even financing it under standard residential terms — your compromis de vente should clearly state that the property will be delivered free of occupants.
This is not a technical detail. It is a decisive one.
Why vacant possession matters
French banks are not concerned with what you plan to do after the purchase. They assess the situation as it exists on the day of completion.
If the property is occupied by a tenant at that moment, the bank will treat it as a rental property, regardless of your intentions.
That distinction has real consequences.
Financing conditions for a rented property are often different:
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Higher down payment requirements
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More conservative loan structures
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Additional documentation
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Tighter approval criteria
What matters is not your future use, but the legal status of the property at completion.
“But we plan to give notice after we buy”
This is a common assumption — and a risky one.
In France, tenancy law strongly protects occupants. Notice periods, valid grounds for repossession, and timelines are strictly regulated. A buyer cannot simply assume they will be able to recover the property quickly, even if their intention is to move in.
Banks know this.
Notaries know this.
And they will not make exceptions based on goodwill.
If the property is occupied, lenders will assume it may remain occupied longer than expected — and they will finance accordingly.
Buying a property with a tenant already in place
Some buyers assume that purchasing a tenanted property is an advantage, especially if they intend to rent it out.
Often, it is not.
Before accepting an occupied property, a buyer should understand:
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What type of lease is in place?
Furnished or unfurnished leases follow different rules. -
Does the lease protect you as the new owner?
Or does it primarily reflect the seller’s past decisions? -
Is the rent aligned with current market levels?
Increasing rent in France is often regulated or capped. -
Are annual rent increases allowed — and under what conditions?
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What notice period applies if you later wish to recover the property?
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Why is the seller unwilling or unable to deliver vacant possession?
An existing tenant means you also inherit the legal framework surrounding that tenancy — including any limitations or complications.
Do not inherit someone else’s problems
A seller’s situation is not necessarily a buyer’s opportunity.
Accepting an occupied property without fully understanding the lease terms, rent structure, and legal obligations can mean inheriting years of restrictions and frustration.
Whether your purchase is intended as a primary residence or a long-term investment, clarity at the outset is essential.
A simple rule
If you need flexibility, control, or straightforward financing:
Demand vacant possession — or be prepared to walk away.
In French real estate, this one clause can make the difference between a smooth transaction and a long-term constraint