Monaco Law 1235: renting, rents and buying
An apartment under Law 1235 in Monaco is subject to specific rental rules governing tenant selection, rent and termination. Before renting, selling or buying, establish the property's exact legal status and whether it is occupied.
Which apartments fall under Law 1.235?
Law No. 1.235 of 28 December 2000 covers certain homes built or completed before 1 September 1947. There are exceptions, including premises governed by Law 887. A building's age alone does not establish an apartment's legal regime.
The expression ‘Law 1235/1291’ refers to Law 1.235 as amended, notably by Law No. 1.291 of 21 December 2004. These are not two separate rental sectors. Protected housing can be privately owned and should not be confused with Monaco's state-owned housing stock.
Who qualifies as a protected tenant?
Articles 3 and 4 define protected persons and their order of priority. Article 3 distinguishes:
- Monegasque nationals.
- Certain foreign nationals with family ties to a Monegasque national: children by birth or adoption, surviving spouses or civil-life partners, and parents of Monegasque children, subject to the conditions for each category.
- Legally recognised Enfants du Pays with a parent or adoptive parent also born in Monaco and resident there at that birth or adoption.
- Other persons meeting the legal definition of Enfants du Pays.
- Foreign nationals resident in Monaco for at least forty uninterrupted years.
Article 4 also preserves certain acquired rights. Registration with the Housing Department and the requirements concerning normal housing needs must be checked. Working in Monaco or holding a residence card does not by itself establish eligibility. Where applicants have equal priority, the landlord may choose among those who applied.
How are rents set and reviewed?
The Government does not automatically set every rent. Article 18 requires references to comparable homes in the same housing sector and legal regime at the date the law was promulgated, in the same or a neighbouring district, with similar quality and facilities. These references must be disclosed before the lease is signed. Disputes may be referred to the Rent Arbitration Commission under the statutory procedure.
During the lease, rent may be reviewed only annually where an indexation clause provides for it. Article 20 caps the increase by reference to the change in the four-quarter average of the French INSEE consumer price index excluding tobacco, for all households across France. A proposed increase at renewal follows the separate rules in Articles 11 and 19.
Six-year lease, notice and recovery of possession
The written lease runs for six years and renews by operation of law unless valid notice is given, subject to the rent-review rules. The tenant can terminate during the term or at expiry on three months' notice, using the formalities in Article 13.
A landlord's grounds are not confined to personal occupation. The law includes recovery for the owner or certain relatives, as well as authorised works or demolition. Grounds, notice, deadlines and any rehousing duties require case-specific examination. Recovery under Articles 16-1 onwards requires at least six months' advance notification.
Letting procedure and use of the property
In principle, vacancy must be declared within one month, followed by an offer to let within the following month, subject to statutory exceptions. The offer is processed through the Housing Department and published in the Journal de Monaco. The lease requires prior endorsement before conclusion. Retaining a property for permitted occupation is addressed in particular by Article 35-1.
Partial professional or commercial use is not automatically allowed. Article 2 imposes cumulative conditions, including the owner's consent, compliance with co-ownership rules and restrictions on the activity. The premises remain residential.
Buying or selling an apartment under Law 1235
A purchase does not remove the rental regime or an existing tenant's rights. Before making an offer, examine the confirmed legal status, lease, supported rent level, charges, works and practical scope for occupation. For transactions within its scope, Article 38 provides for notice of intention to sell and pre-emption rights for the State followed by the leaseholder. The notary checks their application and timing.
Frequently asked questions
Did Law 1291 replace Law 1235?
No. Law 1.291 amended Law 1.235. The consolidated version of Law 1.235 is the relevant reference.
Is every pre-1947 building covered?
No. Exceptions apply, so the status of the specific apartment must be checked.
How does Law 887 differ?
Law 887 has its own eligible tenant categories and allows an agreed initial market rent. Law 1.235's protected-sector criteria should not be transferred to that regime.
Read our practical guide to renting under Law 887.
Official sources
- Loi n° 1.235 — articles 1–4, 11–20, 35 et 38
- Direction de l’Habitat — offre de location sous loi 1.235
Updated 6 September 2026. General information; the property's status and the parties' circumstances must be checked for each transaction.
