Selling a house with tenants in Florida
Short answer
Yes, you can sell a house in Florida while tenants live there. A sale doesn't cancel the lease: the buyer generally takes the property subject to it and becomes the new landlord, and Florida law requires the security deposit and advance rent to move to the new owner. If the tenant is month to month and you want the house empty, Florida requires written notice at least 30 days before the end of a monthly rental period.
Leases survive the sale
Selling the house changes who the landlord is, not whether the tenant can stay. If your tenant has a lease for a fixed term, such as one year, the general rule is that the buyer takes the property subject to that lease and the tenant can stay until it ends. Florida's deposit statute is built on the same idea: when title passes "from one owner to another," the deposits go to the new owner, who then owes them to the tenant (Fla. Stat. 83.49(7)).
That leaves you three practical paths:
- Sell with the tenant in place. Investors and cash buyers often prefer a house with rent coming in. You hand over the lease, the deposit and the rent records at closing.
- Wait for the lease to end. A fixed-term lease can require the tenant to give notice before moving out at the end of the term, but only if the landlord has to give the same notice when not renewing, and the required notice can't be less than 30 days or more than 60 days (Fla. Stat. 83.575(1)). Check your lease for that clause.
- Agree on an earlier move-out. A tenant can agree in writing to leave early, often in exchange for help with moving costs. It has to be voluntary. Shutting off utilities or changing the locks is prohibited (Fla. Stat. 83.67).
Ending month-to-month tenancies: the notice periods
If there's no written term, the length of the tenancy follows how often rent is paid: rent paid monthly makes it month to month (Fla. Stat. 83.46(2)). Either side can end it with written notice under Fla. Stat. 83.57:
| Rent is paid | Minimum written notice | Statute |
|---|---|---|
| Yearly | 60 days before the end of any annual period | 83.57(1) |
| Quarterly | 30 days before the end of any quarterly period | 83.57(2) |
| Monthly | 30 days before the end of any monthly period | 83.57(3) |
| Weekly | 7 days before the end of any weekly period | 83.57(4) |
Two details trip people up. First, the notice runs to the end of a rental period, not 30 days from whenever you send it. If rent is due on the 1st, notice given on June 10 generally can't end the tenancy until the end of July. Second, the month-to-month period changed: the 2022 statute said 15 days (Fla. Stat. 83.57, 2022), and a 2023 amendment (ch. 2023-314) made it 30. Older guides may still say 15.
Notice is delivered the way Fla. Stat. 83.56(4) describes: by mail, by hand delivery of a true copy, by email if the tenant agreed to email notices under s. 83.505, or by leaving a copy at the residence if the tenant is absent. If a tenant stays after proper notice, removal goes through the county court eviction process, not self-help.
Transferring security deposits and advance rent
Under Fla. Stat. 83.49(7), when the property is sold, the seller must transfer every security deposit and advance rent held for tenants to the new owner, together with any earned interest and "an accurate accounting showing the amounts to be credited to each tenant account." Once the seller transfers the money and records and receives a written receipt, the seller is free of the duty to hold those funds.
The statute also creates a rebuttable presumption that the new owner received the deposit from the previous owner, limited to one month's rent. In practice, the title company usually handles this as a credit to the buyer on the settlement statement. Keep a copy of the receipt and the per-tenant accounting with your closing papers.
After the sale, the new owner is the one who returns the deposit when the tenant moves out, and has 15 days to return it in full or 30 days to send written notice of a claim against it (Fla. Stat. 83.49(3)).
Showings and access rules
You need the tenant's cooperation to show the house, and Florida gives landlords a fair amount of room. The tenant "shall not unreasonably withhold consent" for the landlord to enter to show the unit to prospective or actual purchasers, mortgagees, workers or contractors (Fla. Stat. 83.53(1)).
- Repairs need at least 24 hours' notice and must happen between 7:30 a.m. and 8:00 p.m. (83.53(2)).
- Showings are allowed with the tenant's consent, in an emergency, when the tenant unreasonably withholds consent, or when the tenant has been absent for half a rental period (83.53(2)(a)-(d)).
- The landlord "shall not abuse the right of access nor use it to harass the tenant" (83.53(3)).
In practice, give the same 24 hours' notice for showings, keep them to reasonable hours, and group them so the tenant isn't disturbed every day. A buyer who will keep the tenant may need only one walkthrough.
Selling to a buyer who keeps the tenant
A buyer who plans to keep the tenant will want to see what they're stepping into. Have these ready:
- A copy of each lease and any written renewals or addenda.
- A rent ledger showing what's paid, what's late and the date rent is due.
- The deposit and advance-rent amounts per tenant, where the money is held, and any interest owed.
- Any written notices you've sent or received, and open repair requests.
Buyers often ask the tenant to sign a short statement confirming the rent, deposit and lease end date. The tenant doesn't have to sign it, but it makes closing smoother. Rent for the month of closing is usually prorated between seller and buyer on the settlement statement.
If the house needs work, has a tenant who is behind on rent, or you just want out of being a landlord, selling as-is to a cash buyer who takes over the lease is often the shortest path. You skip the vacancy, the turnover repairs and the listing showings.
Frequently asked questions
Can I sell my Florida rental with tenants still living in it?
Yes. The sale changes who the landlord is. A tenant with a fixed-term lease can generally stay until the lease ends, and the deposit and advance rent must be transferred to the new owner under Fla. Stat. 83.49(7).
How much notice does a month-to-month tenant get in Florida?
At least 30 days' written notice before the end of any monthly rental period under Fla. Stat. 83.57(3). The 2022 version of the statute said 15 days; a 2023 amendment changed it to 30.
Does selling the house end the lease?
No. A sale by itself doesn't end a lease. The buyer generally takes the house subject to the lease, unless the tenant agrees in writing to leave earlier or the lease itself says otherwise. Have a Florida attorney read any lease clause about sale of the property.
What happens to the tenant's security deposit when I sell?
You must transfer it, with any advance rent and earned interest, to the new owner along with an accounting for each tenant. Once you get a written receipt, you're released from the duty to hold that money (Fla. Stat. 83.49(7)).
Can my tenant refuse to let buyers see the house?
A tenant can't unreasonably withhold consent to showings for prospective purchasers (Fla. Stat. 83.53(1)). The landlord can't abuse the right of access or use it to harass the tenant, so give notice and keep showings at reasonable times.
Can I change the locks after the notice period ends?
No. Florida prohibits landlords from changing locks or cutting utilities to force a tenant out (Fla. Stat. 83.67). If a tenant stays after proper notice, the landlord must go through the county court eviction process.
Sources
- Florida Statutes, Part II of Chapter 83 (Residential Tenancies): 83.46, 83.49, 83.53, 83.56, 83.57, 83.575, 83.67 (Online Sunshine, 2026 statutes)
- Florida Statutes 2022, 83.57 (prior 15-day month-to-month notice period)
This is general information, not legal or tax advice. Lease terms, local ordinances and your tenant's situation can change the answer. Talk to a Florida real estate attorney before you send a termination notice or sign a sale contract on a tenant-occupied house.