Sell a Rental Property in Florida (2026): Tenants, Evictions & Cash Offers

Being a landlord can wear you down. Late rent, repair calls, rising insurance, and tenants who won’t leave all add up. If you’re ready to be done, you can sell your Florida rental without emptying it first. This page explains how selling with tenants works under Florida law, what your options are, and how we help landlords get out cleanly.

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Written by Charles M. Contreras, founder of Reliable Home Buyers, Florida real estate license SL3330937. Reliable Home Buyers has made the Inc. 5000 list two years in a row. Updated November 2026.

Short answer: Yes, you can sell a rental property in Florida with tenants still living there. The lease usually stays in force, and the buyer takes over as landlord. Security deposits and advance rent transfer to the buyer at closing. You don’t have to finish an eviction or wait for the lease to end before you sell.

Key takeaways

A sale doesn’t cancel a Florida lease unless the lease itself says so. The buyer steps into your shoes as landlord.
Under Florida law, the tenant’s security deposit and any advance rent transfer to the new owner at closing.
A month-to-month tenancy can be ended with at least 30 days’ written notice before the end of a rental period.
Evictions start with a 3-day notice for unpaid rent or a 7-day notice for lease violations, then go through county court.
Selling a rental can trigger capital gains tax and depreciation recapture. A 1031 exchange may defer it. Talk to a CPA.
We buy rentals with tenants in place, pay the closing costs, and charge no fees or commissions.

On this page: How we help landlords · Selling with tenants · What to gather · Florida eviction steps · Your options · Taxes · Common situations · Our process · Real examples · FAQ

How We Help Florida Landlords Sell a Rental

We’re not attorneys or property managers. We’re Florida home buyers who work with landlords every month. Here is what we actually do when you call us about a rental.

We buy with tenants in place. You don’t need to evict anyone, wait out the lease, or get the house rent-ready. We take over the lease and the tenant relationship at closing.
We sort out the lease, rent, and deposit with you. We go over the lease, what the tenant pays, and the deposit you’re holding. The title company then handles the deposit transfer and the rent proration at closing, so the tenant’s money is accounted for.
We price in the problems. Unpaid rent, a damaged unit, old systems, or a tenant who won’t cooperate are part of our offer, not a reason to walk away.
We keep tenant contact simple. We usually need one walkthrough, scheduled with proper notice to your tenant. After closing, the tenant deals with us, not you.
We work with out-of-state owners. If you live outside Florida, you don’t have to travel. The title company can arrange for you to sign where you live.
We cover the closing costs. There are no fees and no commissions. The offer we agree on is what you walk away with, minus any mortgage or liens you owe.
We’re flexible case by case. If an eviction is already underway, or a lease ends soon, we can talk about whether to close now or later.
We’ll be honest about your options. If keeping the rental, hiring a manager, or listing it makes more sense for you, we’ll tell you.

For eviction questions or a tenant dispute, talk to a Florida landlord-tenant attorney. We’re happy to work alongside your attorney or property manager.

Selling a Florida Rental With Tenants: What Happens to the Lease

In Florida, a sale doesn’t end a lease by itself. Unless the lease has a clause that lets it end on sale, the tenant keeps the same rent and terms until the lease runs out. The buyer becomes the new landlord.

Security deposit and advance rent. Florida Statute 83.49(7) says that when a rental is sold, the deposit and advance rent transfer to the new owner, along with an accounting. The tenant doesn’t have to agree to this.
Month-to-month tenants. Under Florida Statute 83.57, a month-to-month tenancy can be ended with at least 30 days’ written notice before the end of any monthly rental period.
No lockouts. Florida law bars landlords from changing locks, shutting off utilities, or removing a tenant’s things to force them out. A tenant can only be removed through the court process.
Showings and access. Florida law lets a landlord enter to show the unit to buyers with reasonable notice to the tenant. Check your lease for any extra terms.

Fenced single-family rental house in Florida

What to Gather Before You Sell a Rental

Having these ready makes any sale faster, whether you sell to us, to an investor, or on the market.

A copy of the lease, plus any renewals or addendums. If there’s no written lease, write down the rent, the due date, and when the tenant moved in.
The rent ledger. What the tenant pays, what’s paid, and what’s past due.
The security deposit details. How much you’re holding, any advance rent, and where the money is kept.
Tenant contact info, so access can be scheduled with proper notice.
Any notices or court papers, if you’ve sent a 3-day or 7-day notice or filed an eviction.
Repair and permit history, plus any open code violations or HOA issues.
Your mortgage payoff info, if there’s a loan on the property.

Tenant estoppel letter. Buyers and title companies often ask the tenant to sign a short letter confirming the rent, the deposit, and the lease dates. It protects you and the buyer from surprises later. If your tenant won’t sign one, tell us. We can usually still close.

Florida Eviction Steps for Landlords

You don’t need to evict before selling to us. Still, it helps to know how the process works, so you can decide whether to evict, wait, or sell now.

Step	What happens	Florida rule
1. Written notice	For unpaid rent, a 3-day notice to pay or leave. The 3 days don’t count weekends or court holidays.	Fla. Stat. 83.56(3)
1. Written notice (lease violations)	For other lease violations, a 7-day notice. Some violations can be fixed within 7 days. Others require the tenant to leave in 7 days.	Fla. Stat. 83.56(2)
2. File in county court	If the tenant doesn’t pay or leave, the landlord files an eviction complaint and the tenant is served.	Fla. Stat. 83.59
3. Tenant response	The tenant has 5 days to respond, not counting weekends or holidays. In unpaid-rent cases, a tenant who disputes the amount must usually deposit the rent into the court registry.	Fla. Stat. 83.60
4. Judgment and writ	If the landlord wins, the clerk issues a writ of possession.	Fla. Stat. 83.62
5. Sheriff	The sheriff posts a 24-hour notice, then returns the property to the landlord.	Fla. Stat. 83.62

An uncontested eviction often takes several weeks once you add filing, service, and scheduling. A contested case can take longer. Court costs, attorney fees, and lost rent add up along the way.

What about squatters?

Squatters are not tenants. A 2024 Florida law (HB 621) lets a property owner ask the sheriff to remove someone who entered without permission, was told to leave, and isn’t a current or former tenant. The owner signs a sworn statement. If the person ever had a lease with you, the regular eviction process applies instead.

Your Options for a Rental You No Longer Want

Option	Good fit if…	Trade-offs
Keep it and self-manage	The rent covers your costs and you don’t mind the calls.	Your time, repair calls, vacancies, and tenant problems.
Hire a property manager	You want to keep the income but not the work.	A monthly fee, usually a share of the rent, plus leasing fees. Problems still cost you money.
List with an agent	The house is in good shape and the tenant will cooperate with showings.	Commissions, repairs, showing around tenants, and buyers who want it vacant.
Sell and do a 1031 exchange	You want to stay invested and defer taxes.	Strict deadlines and rules. You need a qualified intermediary and a replacement property.
Sell to us for cash	You want out, with tenants, damage, or unpaid rent as they are.	Our offer may be below what a fixed-up, vacant house could sell for retail. We’ll show you how we got our number.

Taxes When You Sell a Florida Rental

Florida has no state personal income tax, but federal taxes can apply when you sell a rental. Here are the basics. Your CPA should run your numbers.

Capital gains. If you sell for more than your adjusted cost basis, the profit is usually a capital gain. Rentals held more than a year generally get long-term rates.
Depreciation recapture. The depreciation you took, or could have taken, while renting is generally taxed at up to 25% federally when you sell.
No home-sale exclusion. The $250,000 / $500,000 home-sale exclusion is for your main home. A pure rental usually doesn’t qualify.
1031 exchange. You can defer these taxes by buying another investment property. You generally have 45 days to identify replacements and 180 days to close.

Trusted resources

Common Situations We Help Florida Landlords With

The tenant stopped paying. You’re out the rent and facing an eviction. We can buy now, with the tenant in place.
The tenant left it trashed. Holes in walls, stained floors, and a pile of junk. We factor the cleanup and repairs into our offer.
You live out of state. Managing from far away isn’t working, and you don’t want to fly in.
You inherited a rental. You never wanted to be a landlord. See our guide to selling an inherited house in Florida.
Costs keep climbing. Insurance, taxes, and HOA fees now eat most of the rent.
It’s sitting vacant. Every empty month costs you money, and the house needs work before anyone will rent it.
Big repairs are coming. A roof, AC, or plumbing job would wipe out years of profit.
You’re behind on the mortgage. If the rent stopped and the payments did too, read our Florida foreclosure guide.

Florida rental house with a dumpster for a cleanout after a tenant moved out

How Selling Your Rental to Us Works

Tell us about the property. Share the address, the rent, the lease terms, and whether the tenant is paying. Fill out the form or call us.
Get a fair cash offer. We schedule one walkthrough with proper notice to your tenant. Then we give you a written, no-obligation offer and explain how we got there.
Close on your timeline. We close at a local title company. We cover the closing costs, and the deposit and rent are handled at closing.

Real Florida Rentals We’ve Bought

3** Cecelia Dr NW, Fort Walton Beach. A rental house we bought with the tenant still living there. Signed contract September 21, 2026, closed October 30, 2026.
1*** Tucker Ct, Fort Pierce. A free-and-clear house owned by an absentee owner. Signed contract July 6, 2026, closed August 10, 2026.
1*** 35th St NW, Winter Haven. A company-owned house with an out-of-state owner, after the listing had expired. Signed contract February 27, 2026, closed March 25, 2026.

In October 2026 alone, we signed contracts on six rental and absentee-owner houses across Florida.

Frequently Asked Questions About Selling a Rental in Florida

Can I sell my rental property in Florida with tenants living there?

Yes. A sale doesn’t end a Florida lease unless the lease says it does. The buyer takes over as landlord, and the tenant keeps the same terms until the lease ends. We buy rentals with tenants in place all the time.

Do I need my tenant’s permission to sell my rental in Florida?

No. You don’t need your tenant’s permission to sell. The lease stays in place, and the tenant must be given reasonable notice before any showing or walkthrough. Keeping the tenant in the loop usually makes the sale go smoother.

What happens to the tenant’s security deposit when I sell?

Under Florida Statute 83.49(7), the security deposit and any advance rent transfer to the new owner at closing, along with an accounting. The title company handles it, and the tenant doesn’t need to approve it.

How long does an eviction take in Florida?

It starts with a 3-day notice for unpaid rent or a 7-day notice for other violations. Then the case goes to county court. An uncontested eviction often takes several weeks, and a contested one can take longer. You don’t have to finish an eviction before selling to us.

Can I sell my rental while the tenant isn’t paying or during an eviction?

Yes. We can buy a house with a non-paying tenant or an eviction already in progress. We’ll talk with you about whether it makes more sense to close now or after the case wraps up.

I live out of state. Can I still sell my Florida rental?

Yes. Many of the rentals we buy belong to owners who live outside Florida. The title company can arrange for you to sign where you live, so you don’t have to travel.

Do I pay any fees or commissions?

No. There are no fees and no commissions when you sell to us, and we cover the closing costs.

Do I owe taxes when I sell a rental property?

You may owe federal capital gains tax and depreciation recapture. A 1031 exchange can defer those taxes if you buy another investment property. Florida has no state personal income tax. Talk to a CPA about your situation.

Ready to Stop Being a Landlord?

Tell us about your rental, or call us at 866-392-2177 We’ll look at your situation, give you a fair no-obligation cash offer, and tell you honestly whether another option might be better for you.