Skip to main content
Get a Personalized Rental Estimate for Your Miami-Dade Property. Click Here to Start.

Income Realty Inc Blog

Can You Sell a Property Occupied by a Tenant?

Can You Sell a Property Occupied by a Tenant?

Are you thinking of selling a property that's currently occupied by a tenant? It can be a bit tricky as it requires careful consideration and planning. 

Not only do you have to ensure that you're not violating any tenancy laws or agreements, but you also need to make sure that the property is presentable and sale-ready. 

In this blog, you will learn everything you need to know about selling a tenant-occupied property. We’ll also tell you all the important factors you need to keep in mind while selling.

Can You Sell a Property Occupied by a Tenant?

Yes, you can sell a property occupied by a tenant. However, depending on which state you’re in, there may be specific laws that you must follow. For example, in California, a landlord must provide a tenant with at least 60 days' notice before selling the property. 

Additionally, federal laws require landlords to provide tenants with a tenant protection plan that describes how the sale of the property will affect their rights and responsibilities.

How To Sell a Property Occupied by a Tenant

Selling a property occupied by a tenant requires a special approach and specialized knowledge. As a seller, you must understand the complexities of landlord-tenant law, know how to manage rental relationships properly and lawfully, and how to protect yourself from potential legal liability. 

Review the Tenancy Agreement

When selling a property that is currently occupied by a tenant, the first step is to review the tenancy agreement. The lease outlines important details such as the length of the tenancy, the rent being paid, and any special conditions of the tenancy. It is also important to note the date that the agreement was signed.

man signing a contract

Reviewing the tenancy agreement will give you a good understanding of your rights and obligations as a landlord. For example, you may be required to give the tenant a certain amount of notice before selling the property. 

Additionally, you will want to make sure that you are up to date on all rent payments. If there are any outstanding payments, this could complicate the sale of your property.

You can now move on to the next step in the process: notify the tenant of your intention to sell.

Notifying the Tenant of Your Intention to Sell

You now need to review state landlord-tenant laws. These laws will outline the process for notifying a tenant of a landlord's intention to sell the property. Next, the landlord must give the tenant a Notice to Quit. 

The notice will state the landlord's intention to sell. The tenant then has a certain amount of time to move out. If the tenant does not move out within the specified time frame, you can file for an eviction. 

You need to give your tenant a certain time to reclaim their belongings. You might have to properly store or dispose of any items left behind. You may be required to hold these items for a certain length of time before you can dispose of them.

Determining Whether the Tenant Wants to Stay or Leave

The tenant may choose to stay in the property after the sale. In another scenario, the tenant may choose to leave the property. If the tenant decides to stay in the property, the landlord will need to provide the tenant with a Notice of Sale. 

mother and son working on a science fair project

This document will outline the terms of the sale, including any changes to the rent amount or length of tenancy. The Notice of Sale must be served at least 21 days before the date of sale.

If the tenant decides to leave, the landlord must provide the tenant with a Notice to Quit. This document states that the landlord intends to sell the property. 

Additionally, it provides information on how much notice is required for the termination of a tenancy. You must serve the Notice to Quit at least 30 days before termination of tenancy. 

Once you know your tenant's intent, you can begin working with a property management company to help you with the sale.

Working With Property Management Services

It's a good idea to work with a property management company. They can help you in several ways. Their experts will take care of showings, open houses, and other logistics involved in selling the property. They can also offer eviction services and complete other legal formalities for you. 

You can handle any negotiations with potential buyers and their agents. In most cases, you will not need to be involved in these activities unless you want to be. Selling a property occupied by a tenant can be complicated but working with a reputable property management company can make the process much easier. 

work team working around a wooden table on computers

Make sure to do your research before choosing a company so that you can be confident they will sell your property quickly and for the best possible price.

Tips for Selling a Property with Tenants

To ensure a successful sale, it's important to have a plan in place and follow a few key steps. Here are some tips that might help you. 

Know Your Rights and Responsibilities 

Familiarize yourself with the laws and regulations that govern landlord-tenant relationships in your area, so that you can be sure you are meeting all of your legally-required obligations.

Consider the Tenant’s Rights

Be sure to give the tenant appropriate notice of your plans to sell and provide them with the right to remain in the property until the sale is completed.

Offer Incentives to Tenants

Consider giving tenants a financial incentive to cooperate with the sale, such as a reduction in rent or a cash bonus.

Communicate Openly and Respectfully 

Keep in mind that the tenant is likely feeling uncertain about the future of their home and make sure to communicate with them openly and respectfully about the sale.

Have a Plan for the Tenant’s Move-out

Make sure you have a plan in place for the tenant’s move-out, such as a timeline for when they will need to vacate the property and a plan for finding their new housing.

Bottom Line

As a landlord or property owner, selling a tenant-occupied property can be a daunting task, but it's far from impossible. You need to be aware of the potential challenges you may face, such as legal requirements and tenant resistance. 

However, with the right attitude and creative solutions, you will be able to successfully sell your tenant-occupied property. Don't be afraid to take on the challenge, just be prepared for bumps in the road along the way.

Trust Income Realty Corporation for all your property management needs. Our expertise will help guide you through the process of having a profitable rental property.