For landlords
Selling a rental with tenants in it
You can sell a tenant-occupied property in Florida. What you cannot do is ignore the lease. The question worth answering before you list is not whether it is allowed — it is whether you net more selling it occupied, or waiting until the lease ends.
Updated 2026-09-26
The lease survives the sale
A sale does not terminate a lease. The buyer takes the property subject to it, and inherits the tenant on the existing terms through the end of the term. Selling is not a route to ending a tenancy early.
That single fact determines your buyer pool. A tenant with nine months left means owner-occupant buyers mostly cannot buy it — they need possession. Your market narrows to investors, and investors buy on numbers rather than on how the kitchen feels.
Showings, notice, and the part that goes wrong
Florida law requires reasonable notice before entering for showings — commonly 24 hours, at a reasonable hour — unless your lease says something stricter. Your lease controls if it is more protective of the tenant.
The practical problem is rarely legal. It is that an unhappy tenant shows the property badly. Dishes in the sink, blinds down, dog barking, and volunteered opinions about the air conditioning. That costs real money at offer time.
Where it makes sense I would rather agree something with the tenant in writing — a fixed showing window, or a small consideration for cooperation — than rely on notice alone. A cooperative tenant is worth more than the fee.
The security deposit transfers
The deposit belongs to the tenant, not to you. At closing it is credited to the buyer, who takes over the obligation to return it. Get the deposit, the last month if held, and any pet deposit documented precisely — this is a common closing-table argument and it is entirely avoidable.
Prorated rent is handled the same way: the portion covering days after closing is credited to the buyer.
Occupied or vacant: the actual maths
Selling occupied keeps rent coming in until closing, costs nothing in turnover, and appeals to investors who like a property that is already producing. You will usually trade some price for it, because you have removed the retail buyer from the pool.
Selling vacant opens the property to owner-occupants, who generally pay more, and lets you paint and present it properly. You carry the mortgage, taxes, insurance and utilities while it sits empty.
The right answer depends on how much rent remains on the lease, what the property would fetch retail, and how long vacancy would actually last. It is a spreadsheet, not a preference — and it is the first thing I would run for you.
If the lease is nearly up
Owners sometimes have the option of letting the term expire and handing over an empty property. Whether that is worth it depends on the gap between the investor price and the retail price, set against a few months of carrying costs.
Do not assume it is close. In parts of south Miami-Dade the spread between what an investor pays and what a retail buyer pays is wide enough to fund a lot of vacancy — and in others it is not worth a single empty month.
Common questions
Can I sell my house in Florida if a tenant is still living there?
Yes. The sale does not end the lease — the buyer takes the property subject to it and inherits the tenant on the existing terms until the lease expires.
How much notice do I have to give a tenant for showings?
Florida requires reasonable notice before entry, commonly treated as 24 hours at a reasonable time of day. If your lease sets a stricter standard, the lease controls.
Who keeps the security deposit when a rental is sold?
It transfers. The deposit is credited to the buyer at closing and the buyer assumes the obligation to return it to the tenant, so it should be documented precisely in the closing statement.
Will I get less money selling with a tenant in place?
Often, though not always. A tenant-occupied property is mostly limited to investor buyers, who pay on the numbers. Whether that discount outweighs the rent you collect and the vacancy you avoid depends on the specific property.
Run the numbers before you decide
Send me the address and the lease end date and I will come back with both scenarios — what it would likely fetch occupied, and what it would likely fetch vacant, less the cost of getting there.
Related
General information for Miami-Dade property owners, not legal advice. Landlord-tenant matters turn on your specific lease and circumstances — consult a Florida attorney before acting.