Quick answer: You can sell a Florida rental with tenants still living in it. The lease usually survives the sale, so the new owner must honor it. Florida Statute 83.49 requires you to transfer the tenants’ security deposits and advance rent to the buyer at closing. Give proper notice before showings, follow Florida’s termination notice rules, and never lock out a tenant or shut off utilities.
Maybe you are tired of being a landlord. Maybe the repairs keep coming, or you just want to cash out. Whatever the reason, having tenants in the house does not stop you from selling. It does change how you sell. This guide covers the Florida rules and how each sale option works with a tenant in place.
Does the Lease Survive the Sale?
Yes, in most cases. A Florida landlord-tenant law firm explains that the lease survives the closing unless the lease has a clause that lets the landlord end it early after a sale, and that right is used. The new owner steps into the landlord’s role and must honor the lease terms, including rent and end date.
That means you generally have three paths:
- Sell with the tenant in place to a buyer who wants a rental.
- Wait for the lease to end and sell the home empty.
- Ask the tenant to leave early by mutual agreement, often called “cash for keys.” Get any deal like this in writing.
Read your lease first. Look for a sale clause, the end date, renewal terms, and any option to buy.
Security Deposits Under Florida Statute 83.49
Deposits are where many landlord sales go wrong. Here is what Florida law says.
Deposits move to the new owner
Under Florida Statute 83.49(7), when title transfers, all security deposits and advance rent held for tenants must be transferred to the new owner, with any earned interest and an accurate accounting showing what is credited to each tenant. Once you transfer the money and records, you are free from the duty to hold those funds.
Return rules still apply to the new owner
Under Florida Statute 83.49(3)(a), when a lease ends, the landlord must return the deposit within 15 days if there is no claim. If the landlord plans to keep any of it, the landlord must send written notice of the claim within 30 days. After the sale, those duties belong to the buyer.
Get it right at closing
Give the title company a list of every tenant, deposit amount, and advance rent. The amount is usually credited to the buyer on the settlement statement. Keep copies of everything.
Notice and Access Rules
Showing the home
Florida Statute 83.53 says a tenant may not unreasonably withhold consent for the landlord to enter to show the home to prospective or actual purchasers. For repairs, the law defines reasonable notice as at least 24 hours before entry, between 7:30 a.m. and 8:00 p.m. Use clear notice for showings too, and keep the number of visits reasonable.
Ending a tenancy
If there is no fixed term lease, Florida Statute 83.57 sets the minimum notice:
| Type of tenancy | Minimum notice |
|---|---|
| Year to year | 60 days before the end of the annual period |
| Quarter to quarter | 30 days before the end of the quarter |
| Month to month | 30 days before the end of the monthly period |
| Week to week | 7 days before the end of the weekly period |
A fixed term lease generally runs until its end date unless the lease says otherwise. If your property has a federally backed mortgage, federal rules may also require a 30 day notice to vacate in some cases. Ask a Florida attorney.
Things you can never do
Florida Statute 83.67 bars a landlord from shutting off utilities, changing the locks to keep a tenant out, or removing doors, windows, or the tenant’s belongings, except in limited cases. Violations can make you owe actual damages or three months’ rent, whichever is greater, plus attorney’s fees. Even if you want the tenant out fast for a sale, use proper notice and, if needed, the court eviction process.
Fair housing
The federal Fair Housing Act bars discrimination based on race, color, national origin, religion, sex, familial status, or disability. Treat every tenant the same way when you give notices, offer move out deals, or decide who to renew.
See cash as is, creative terms and a 1% listing side by side, in writing. It takes about a minute.
See my optionsPaperwork a Buyer Will Ask For
- A copy of every current lease and any amendments
- A rent roll showing rent, due dates, and any late balances
- Deposit and advance rent amounts for each tenant
- Any open repair requests or code notices
- Utility and HOA details, if any
Some buyers also ask tenants to sign a short letter confirming the rent, deposit, and lease dates. This helps avoid surprises after closing.
How Each Sale Option Fits a Rental With Tenants
Cash sale, tenant in place
Often the simplest path. An investor buyer takes over the lease, the tenant, and the deposit. You skip vacancy, turnover repairs, and showings to retail buyers. See how cash compares in our cash vs listing vs terms guide.
Seller financing
Can fit a landlord who wants to keep monthly income without being a landlord anymore. The buyer manages the tenant and pays you over time. This may also spread out when you receive the money. Talk to a tax professional about how that affects you.
Subject to the existing mortgage
Can fit when the rental has a low rate loan and thin equity. The buyer takes over the payments and the tenant. The loan stays in your name, and the due-on-sale clause applies. Read our subject-to guide first.
1% listing
Usually works best once the home is empty and ready to show. Retail buyers often want to move in. We list it on the MLS for a 1% listing fee through our licensed partner brokerage. See how a 1% listing works.
A note on taxes
Selling a rental can trigger capital gains tax and depreciation recapture. Some owners use a Section 1031 like-kind exchange. The IRS says the replacement property must be identified within 45 days and the exchange completed within 180 days, and that taking control of the cash too early can make all the gain taxable. A home used mainly for personal use does not qualify. Talk to a tax professional before you sign.
How HOMKEYS Buys Rentals
HOMKEYS LLC buys single family homes and small rentals across Florida, with tenants in place or empty. We review the lease, rent, deposits, and condition, then show you a cash offer and, when it fits, creative terms like seller financing or subject-to, or a 1% listing through our licensed partner brokerage. Every closing goes through a licensed Florida title company, which handles the deposit transfer. We cannot promise a price or closing date before we review the property and the leases.
Subject to qualification, property inspection, and transaction terms.
We buy rentals in many areas, including Lake Wales, Kissimmee, Pensacola, Lake City, Wesley Chapel, and Parrish. Share a few details about your rental or call us at (305) 914-4191.
Frequently Asked Questions
Does a lease end when a Florida rental is sold?
No, not by itself. A Florida landlord-tenant law firm explains that the lease survives the closing, unless the lease itself lets the landlord end it early after a sale and that right is used. The new owner steps into your shoes and must honor the lease until it ends.
What happens to the security deposit when I sell?
Florida Statute 83.49(7) says that when title transfers, all security deposits and advance rent held for tenants must be transferred to the new owner, with any earned interest and an accurate accounting for each tenant. Once that is done, you are released from the duty to hold that money. Your title company can handle this at closing.
How much notice do I give a tenant before a showing?
Under Florida Statute 83.53, a tenant cannot unreasonably refuse entry to show the home to buyers. For repairs, the law says reasonable notice is at least 24 hours, between 7:30 a.m. and 8:00 p.m. Many landlords use that same standard for showings. Check your lease too.
How much notice to end a month-to-month tenancy in Florida?
Florida Statute 83.57 requires at least 30 days’ notice before the end of a monthly period to end a month-to-month tenancy. A year-to-year tenancy needs at least 60 days, and a week-to-week tenancy needs at least 7 days. A written lease with a fixed end date follows its own terms.
Can I sell my rental without the tenant moving out?
Yes. Many investors buy homes with tenants in place, because the house already earns rent. You will need to share the lease, rent history, and deposit amounts. A cash buyer or a buyer on terms can often close without the tenant leaving. Subject to qualification, property inspection, and transaction terms.
Not legal advice. This guide is general information about Florida home sales. Laws change and every situation is different. Talk with a Florida attorney, tax professional, or insurance professional about your own case before you sign anything.
Tell us about the house. We will show you cash, terms and listing side by side, in writing. Subject to qualification, property inspection, and transaction terms.
See my optionsCall (305) 914-4191Sources
- https://evict.com/showing-and-sale-of-the-tenant-occupied-home
- https://www.flsenate.gov/Laws/Statutes/2025/83.49
- https://www.flsenate.gov/Laws/Statutes/2025/83.53
- https://www.flsenate.gov/Laws/Statutes/2025/83.57
- https://www.flsenate.gov/Laws/Statutes/2025/83.67
- https://www.law.cornell.edu/uscode/text/15/9058
- https://www.hud.gov/helping-americans/fair-housing-act-overview
- https://www.irs.gov/pub/irs-news/fs-08-18.pdf
⌂ Equal Housing Opportunity. HOMKEYS LLC does not give legal or tax advice. Talk with a Florida real estate attorney or tax professional about your situation.