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Tenant's right of first refusal Algeria 2026: sale of rented property

Legal guide — right of first refusal art. 20 Law 89-01, price notification, 30-day deadline.

Legal guide — right of first refusal art. 20 Law 89-01, price notification, 30-day deadline.

Legal framework art. 20 Law 89-01

Article 20 (modified 2017). Commercial: art. 172 bis Code Commerce.
Methodology: art. 20 + 4 notaries + Kloufi.

Exercise conditions

2-year tenure, written enrolled lease, up-to-date payments, primary residence, financing capacity.

Notification procedure

AR letter mandatory. Content: price, conditions, third-party identity, 30-day deadline. Point of departure: receipt date.

Tenant response options

Acceptance, express renunciation, silence (tacit), counter-proposal, additional delay request.

Landlord non-compliance sanctions

Sale nullity + substitution + damages. Action 2 years from awareness.
Tip: kricar.fr.

Commercial lease art. 172 bis

Similar right. 2 years activity. Registered Trade Register. Commercial court jurisdiction.

Tax aspects

Same as third-party purchase: 5% registration + 1% stamp + 3-5% notary. Total 9-11%.

Editorial Q&A

2 years min. 30-day response. No price negotiation. Family sales excluded.

Frequently Asked Questions

DZ framework?

Art. 20 Law 89-01 + art. 172 bis Commerce.

Conditions?

2 years min, written lease, up-to-date.

Notification?

AR letter mandatory.

Deadline?

30 days from receipt.

Negotiable price?

No, same as third party.

Exclusions?

Family sales, expropriation, succession.

Sanctions?

Nullity + damages. 2-year action.

Total cost?

Price + 9-11%.

First refusal assistance