The lease usually survives the sale
In most states, a sale does not cancel a lease. The buyer steps into your shoes as landlord and takes the property subject to the existing lease, including the rent and the end date. The tenant's security deposit and any advance rent generally transfer to the new owner, and the tenant should receive written notice of the new owner and where to pay rent.
If the tenant is month-to-month, state law sets the rules for ending the arrangement. In Florida, ending a month-to-month tenancy generally requires at least 30 days' written notice before the end of a monthly rental period.
Option 1: Sell with the tenants in place
Selling to an investor who wants a rental is often the simplest path. The tenants stay, the rent continues, and there is no need for public showings. Investors will ask for the lease, the rent history, and the deposit amount, and will consider whether the rent is at, above, or below market.
This option can also work when the tenant is behind on rent. We consider properties with difficult occupancy situations and handle them after closing.
Option 2: Wait until the lease ends
If the lease ends soon, you can let it expire, get the property back vacant, and sell to a wider pool of buyers, including people who plan to live there. The cost is time: you carry the property while it sits empty, and you may need to repair and clean after the tenant leaves.
Option 3: Offer the tenant cash for keys
A cash-for-keys agreement is a voluntary deal in which the tenant agrees to move out by a set date and leave the property in agreed condition, and you pay an agreed amount when they return the keys. It is often faster and cheaper than an eviction. Put the agreement in writing, and pay only after the tenant has moved out and returned possession.
Option 4: Offer the property to the tenant
Your tenant may want to buy. Unless the lease grants a right of first refusal or an option to purchase, you generally are not required to offer it to them, but asking costs nothing. A few jurisdictions give tenants special purchase rights, so check local rules.
Showings and access
Tenants have a right to quiet enjoyment of the home. Most states, including Florida, require advance notice before a landlord enters for non-emergency reasons such as showings. Repeated showings can strain the relationship, which is one reason many landlords prefer a buyer who needs only one walkthrough.
Never use self-help to remove a tenant
Changing the locks, removing belongings, or shutting off utilities to force a tenant out is illegal in Florida and most other states and can expose you to damages. If a tenant must leave, use the court eviction process or a voluntary move-out agreement.
Documents a buyer will ask for
- The current lease and any renewals or amendments
- Rent amount, payment history, and any balance owed
- Security deposit and advance rent amounts
- Copies of any notices served
- Known maintenance issues or open repair requests
Frequently asked questions
Can I sell my house if the tenant refuses to leave?
Yes. You can sell to a buyer who takes the property with the tenant in place. The lease and the tenant's rights move with the property to the new owner.
Do tenants have to allow showings?
Tenants generally must allow reasonable access with proper notice, as your lease and state law describe. They do not have to accept unlimited or unannounced showings.
What happens to the security deposit when I sell?
It generally transfers to the new owner at closing, who then becomes responsible for returning it under the lease and state law.
This guide is general information, not legal, tax, or financial advice. Laws change and every situation is different, so talk with a qualified professional about yours.