Nothing has to change for the tenant

The lease is an interest in the property, so it continues past closing on the same terms — same rent, same end date, same rights. At closing the leases are assigned, the deposits and prepaid rent transfer, and rent is prorated for the month.

For a landlord that removes the two hardest parts of selling occupied conventionally: coordinating showings around a tenant's life, and timing a vacancy so the property shows well.

Florida regulates how deposits are held

Florida is specific about security deposits and advance rent. A landlord must hold them in a separate non-interest-bearing account, an interest-bearing account, or under a surety bond, and must give the tenant written notice of where the money is held and on what terms.

On a sale the deposit transfers to the buyer, who becomes responsible to the tenant for it, and the tenant must be notified. Do not refund deposits at closing or treat them as sale proceeds. Bring the account details as well as the ledger — Florida's holding rules mean the paperwork gets looked at.

The 2023 statewide preemption

Florida enacted legislation in 2023 preempting local regulation of many aspects of residential tenancies, superseding a number of city and county ordinances that had gone beyond state law on notice requirements and tenant protections.

The practical effect is consistency: Chapter 83 governs, and the rules in Miami-Dade, Broward, Orange, and Hillsborough are now much closer to one another. If you were working from older local-ordinance advice, confirm what still applies.

Documents worth gathering now

  • The signed lease and every amendment or renewal
  • A current rent ledger showing payments and any arrears
  • Deposit records, including which account or bond holds the funds
  • The written notice given to the tenant about the deposit
  • Any three-day notice served, and any filed eviction case number
  • Housing Choice Voucher or housing-authority paperwork if the tenancy is subsidised

Frequently asked questions

Can you sell a house with tenants in Florida?

Yes. The lease survives the sale and the buyer takes the property subject to it. No eviction is required.

Who is responsible for the security deposit after the sale?

The buyer. It transfers at closing, the new owner becomes responsible to the tenant, and the tenant must be notified.

How much notice ends a month-to-month tenancy in Florida?

At least 30 days' written notice before the end of a monthly period. That is the buyer's decision after closing, not a prerequisite to selling.

Does my tenant have to allow showings?

Entry is governed by the lease and Chapter 83. We do not need showings — usually one walkthrough scheduled around the tenant.

Can I sell in the middle of a fixed-term lease?

Yes. The term runs to its end date with the new owner as landlord.

This page is general information about selling property in Florida, not legal, tax, or financial advice. Laws change and every situation is different, so talk with a qualified Florida professional about yours.