If you’re a landlord in Florida and you’re wondering how to sell a house with tenants, you’re not alone. Whether you’re facing financial pressure, managing a rental from out of state, or simply ready to cash out, selling a tenant-occupied property comes with unique challenges—and opportunities.
This complete guide by Chris Russo, founder of 123SoldCash.com, will help you navigate every legal and practical step while protecting your tenants’ rights and maximizing your property value. Chris has over 30 years of experience buying homes just like yours in places like Delray Beach, Boynton Beach, Plantation, and beyond.
🔎 Understanding Florida Landlord-Tenant Laws
Florida law allows property owners to sell rental properties with tenants still living in them. However, you must follow legal requirements under the Florida Residential Landlord and Tenant Act to avoid legal issues.
📄 Key Legal Considerations:
- Lease type matters: Fixed-term leases must be honored unless otherwise agreed.
- Month-to-month tenants can be given a 15-day notice to terminate tenancy.
- You cannot evict a tenant just because you want to sell. Learn more at Florida Courts – Eviction.
🔖 When You Can Legally Evict a Tenant in Florida
Florida law outlines specific scenarios when you can start the eviction process:
- Nonpayment of Rent: According to Florida Statute §83.56(3), if a tenant fails to pay rent, you may serve a 3-day notice for payment. If the tenant does not pay within that period, you may move forward with eviction.
- Violation of Lease Terms: Per Florida Statute §83.56(2)(b), if a tenant violates terms (e.g., unauthorized pets, failure to maintain cleanliness), you may serve a 7-day notice to cure. For serious violations (e.g., property damage), you can issue a 7-day notice to vacate with no opportunity to cure.
- Repeated Violations: Under Florida Statute §83.56(2)(a), if a tenant commits repeated violations within 12 months after prior warnings, a 7-day lease termination notice can be served.
- Illegal Activity: Any use of the property for illegal purposes allows you to terminate the lease immediately with a 7-day written notice, per §83.56(2)(b).
- Holdover Tenants: According to Florida Statute §83.58, if a tenant remains in the home after their lease expires without your consent, you may begin eviction proceedings.
Always document each step and seek legal advice when needed.
🗺️ Eviction Scenarios Visual Guide
graph TD
A[Eviction Scenarios in Florida] –> B1[Nonpayment of Rent
3-Day Notice
§83.56(3)]
A –> B2[Lease Violation
7-Day Notice to Cure or Vacate
§83.56(2)(b)]
A –> B3[Repeated Violations
7-Day Termination Notice
§83.56(2)(a)]
A –> B4[Illegal Activity
7-Day Immediate Termination
§83.56(2)(b)]
A –> B5[Holdover Tenants
Eviction Allowed
§83.58]
✉️ How to Notify Tenants You’re Selling
Tenants must be given proper written notice if the home is being sold. You can:
- Send a letter explaining the sale.
- Reassure them that their lease will be respected.
- Offer “cash for keys” if you need the property vacant.
Here’s how to make that communication smooth:
- Be transparent – Let them know why you’re selling and what it means for them.
- Provide clear timelines – Tenants appreciate knowing what to expect.
- Respect their privacy – Schedule showings with ample notice, ideally 24 hours.
🤝 What Are Tenant Rights When Selling Property in Florida?
Tenants have the right to:
- Stay through the lease term (unless otherwise agreed).
- Receive proper notice before showings.
- Be treated fairly and respectfully.
Learn more about tenant protections at HUD Tenant Rights.
💰 What Is a Cash for Keys Agreement?
“Cash for keys” is a legal agreement where the landlord pays the tenant to move out early. This can:
- Help speed up your sale
- Avoid eviction court costs
- Keep the tenant relationship positive
Read more about Cash for Keys.
🏛️ How to Sell a House with Tenants in Florida: 4 Options
1. Sell to an Investor Who Buys Tenant-Occupied Homes
This is the fastest and easiest way to sell.
- No need to wait for the tenant to move out
- Avoid inspections and repairs
- Close in as little as 7–10 days
At 123SoldCash.com, we buy homes in all conditions—including with tenants in place. Serving cities like Lake Worth, Lauderhill, and North Miami.
2. Sell to Your Tenant
If your tenant wants to buy the home:
- Offer a rent-to-own or seller-financing deal
- Help them pre-qualify for financing
3. Wait Until the Lease Ends
If you don’t mind waiting:
- Give notice to vacate tenants in Florida (15 days for month-to-month)
- Make repairs and list them on the market
4. Start the Eviction Process (if needed)
This should be a last resort. Learn about the process here: Eviction Process in Florida.
📌 Step-by-Step Process to Sell a Tenant-Occupied Property
graph TD
A[Notify Tenant] –> B[Review Lease Terms]
B –> C[Offer Cash for Keys (Optional)]
C –> D[Disclose Tenant Occupancy to Buyers]
D –> E[Show Property Respectfully]
E –> F[Close Sale with Tenants in Place or Vacated]
🏡 Local Help in Your City
We buy houses with tenants in:
- Delray Beach, FL – Historic homes and condos near Atlantic Ave.
- Lauderhill, FL – Perfect for investors with multifamily units.
- Lake Worth, FL – Cash home buyers in Florida are available for all zip codes.
- Boynton Beach, FL – We buy rentals near I-95 and the Intracoastal.
- Deerfield Beach, FL – Especially popular for snowbird rentals.
- Hallandale Beach, FL – Great for condos with HOA issues.
- North Miami, FL – We purchase duplexes and tenant-occupied homes.
- Plantation, FL – Rental homes with tenants are in high demand.
- Boca Raton, FL – Sell your occupied rental quickly.
- Margate, FL – Fast offers for tired landlords ready to exit.
📅 Capital Gains Taxes and Reporting
When selling rental property, you may owe capital gains tax. Review IRS Real Estate Guidelines or consult a CPA to reduce your tax liability. You may qualify for:
- 1031 Exchange
- Depreciation recapture
- Capital gains exemptions
📢 Ready to Sell Your Florida House with Tenants?
If you’re in Delray Beach, Boca Raton, Margate, or anywhere in Florida, and need to sell your house fast—even with tenants—123SoldCash.com can help.
We buy houses as-is, with tenants in place, and close on your timeline. No cleaning. No repairs. No waiting.
✉️ Call us now or request your free cash offer today at 123SoldCash.com
