Selling a Florida Rental With Tenants: Your Rights and Theirs
Reviewed by Brit Foshee — SWFL House Buyer
You can absolutely sell a Florida rental with tenants still living in it — but the tenants' lease usually transfers with the property, and Florida landlord-tenant law sets clear rules around notice, deposits, and access. Here is how it works and what your options are. This is general information, not legal advice; a Florida real estate attorney can walk you through your specific situation.
The lease usually transfers with the sale
Under Florida Statute 83 (and standard purchase contracts), an existing lease typically transfers to the new owner. The tenants get to finish out their lease term under the same terms; the buyer steps into the landlord's shoes. Selling does not automatically end the lease.
Month-to-month tenants and notice
If your tenant is month-to-month, Florida law requires at least 30 days' written notice to terminate (60 days in some jurisdictions). The buyer can give that notice after closing if they want the unit vacant, or keep the tenant in place.
Security deposits transfer at closing
Security deposits and last-month's-rent funds are typically credited to the buyer at closing, and the buyer takes over the obligation to refund them at the end of the tenancy. Make sure deposit ledgers are clean before you list.
Showings, access, and tenant cooperation
Florida requires reasonable notice (12 hours under the standard statute) before entering a tenant-occupied unit. This is one reason many landlords prefer cash buyers — one walkthrough instead of weeks of showings.
When a cash buyer makes sense
Non-paying tenants, Section 8 tenants, long-term leases below market rent, or properties that need work between tenants are all common reasons SWFL landlords sell occupied. A cash buyer evaluates the property, the lease, and the tenant situation together and closes without requiring eviction.
This article is general information, not legal, tax, or financial advice. For your specific situation, talk to a Florida attorney, CPA, or HUD-approved housing counselor.