Yes, you can sell a home occupied by a tenant — it is even common in Geneva. But three layers of rules stack up: federal tenancy law, which protects the tenant; the Geneva LDTR, which makes the sale of a let apartment subject to authorisation; and, more recently, a pending reform that the public will decide on 27 September 2026. Here is how to navigate it, whether you are the owner selling — or the tenant finding out.
The lease survives the sale
The first and most important rule: the sale does not end the lease (art. 261 CO). The purchaser automatically becomes the new landlord, on the terms of the existing contract — same rent, same rights, same obligations. The tenant has nothing to sign, nothing to renegotiate, and is under no obligation to leave because the building changes hands. The one notable exception: a purchaser asserting an urgent need of their own for themselves or their close relatives may terminate the lease for the next statutory term — a ground they will have to prove if it is contested.
Selling let or selling vacant: two different markets
A home sold let is aimed primarily at investors: they are buying a return, and the existing lease is a feature of the file, not an obstacle. A home sold vacant is aimed at buyers who want to live in it — a broader market in Geneva, where demand for a main residence dominates. The right strategy depends on the property, the lease and your timeline; it starts with a valuation that quantifies both scenarios, and a net seller proceeds calculation that factors in the property gains tax. For an occupied property, selling off-market has a real advantage: our off-market network reaches investors directly, without exposing the tenant to public viewings.
Terminating the lease before selling: what the law allows — and forbids
Selling vacant requires terminating the lease, and that is where federal law becomes stricter. Notice given by the landlord must respect the statutory notice period — at least three months for a home — for a permitted term, and must be served on the official form approved by the canton, failing which it is void. Above all: notice given “to induce the tenant to purchase the let apartment” is voidable (art. 271a CO) — a sale-related notice is precisely what the law targets. And even valid notice does not guarantee a vacant property by the desired date: the tenant may request an extension of the lease of up to four years for a home (art. 272b CO), depending on their situation. Terminating a lease in order to sell is therefore a strategy to be handled with care, never a reflex.
The Geneva layer: LDTR authorisation
In Geneva, there is an additional rule that many owners discover only when they come to sell: the disposal of an apartment that has been let is subject to authorisation from the department (art. 39 LDTR), as soon as it belongs to a category affected by the housing shortage — which covers most of the rental stock. Authorisation is granted in particular if the apartment was PPE (condominium) from the time of construction, if it has never been let, or if it has already been the subject of a disposal authorisation. Sale to a tenant who has occupied the home for at least three years may also be authorised, subject to conditions. In practice: before putting a let apartment up for sale, we check its LDTR status — it is one of the first analyses we carry out, and it can change the whole strategy.
The vote on 27 September 2026: what could change
In December 2025, the Grand Conseil adopted an amendment to art. 39 LDTR (law L 13025) that makes it easier to sell a let apartment to a tenant who has occupied it for at least three years — with a price capped by reference to approved PPE transactions in development zones, and an obligation for the buyer to occupy the home for five years. A referendum has succeeded against this text: Geneva residents vote on 27 September 2026. Until then, the current law applies in full; afterwards, we will update this page. If your tenant wishes to buy your home, the outcome of this vote may change the framework — now is the time to prepare the file, not to rush it.
What the seller remains liable for after the sale
Here is the point that almost no seller anticipates, and it is set out in black and white in the law. The new owner may terminate the lease of a home for the next statutory term if they assert an urgent need for themselves or their close relatives or in-laws. But the following paragraph adds this: “If the new owner terminates the contract earlier than the lease would allow, the previous landlord is liable for all resulting damage caused to the tenant.”
In other words, your liability as landlord does not end on the day of the deed. If the purchaser gives the tenant early notice and that notice causes damage — removal costs, higher rent, compensation — it is you, the former owner, who is liable. You sold the property, not the lease’s history.
The safeguard is not legal but contractual, and it is prepared upstream: knowing what the purchaser intends to do with the home, stating it in the deed, and if necessary settling between seller and buyer who will bear this risk. An investor buying a return will not trigger it; a purchaser buying to live there might.
Two further rules complete the picture. First, a lease can be annotated in the land register: the annotation then requires any new owner to leave the tenant the use of the building in accordance with the lease — it neutralises the urgent-need route. This is rare, but it should be checked on the extract before building a vacant-sale strategy. Second, notice is voidable if it is given within three years of the end of a conciliation or court proceeding relating to the lease: an old dispute with your tenant can therefore still close this door today.
Tenant: your rights if your landlord sells
If you learn that your home is for sale: your lease continues, on the same terms, with the future owner. You do not have to vacate the premises, nor accept a new contract. Notice received in this context can be contested before the conciliation authority within thirty days — particularly if it is aimed at pushing you to buy or appears contrary to good faith. And if you wish to buy the home you occupy, say so: in Geneva, the LDTR can work in your favour, and a selling owner often has an interest in a direct sale, without going to market.
Carrying out the sale of an occupied property, step by step
The method comes in five steps: analyse the lease and LDTR status; value the property under both scenarios, occupied and vacant; inform the tenant early and in writing — that is where a smooth sale is decided; choose the channel — going to market or off-market with investors; then secure the transaction, from the sale agreement to the deed before the notary, which will mention the lease taken over by the purchaser. Our guide to selling in Geneva covers each step in detail — and technical terms are in the glossary.