Quick answer: Yes, you can sell a tenant-occupied house in Miami-Dade or Broward without evicting anyone and without waiting for the lease to end. Under Florida law, a sale does not break an active fixed-term lease – the buyer takes the property subject to that lease. A cash buyer who works with landlords can close in 7–14 days with the tenant still in place, which is usually faster and cheaper than waiting months for a vacancy to list on the MLS.
Most landlords assume they have to get the tenant out before they can sell. That belief costs Miami property owners real money – in lost rent, turnover expenses, and months of waiting. The truth is more flexible, and for a lot of owners, selling occupied is the better move.
Does Selling Break the Lease in Florida?
No. This is the single most important thing to understand. Under Florida Statute § 83.561 and standard real estate practice, a fixed-term residential lease survives the sale of the property. When you sell, the buyer steps into your shoes as landlord and inherits the lease exactly as written – same rent, same end date, same terms.
That means you have two clean paths:
- Sell occupied. The tenant stays, the lease transfers, and the new owner collects rent starting at closing. No eviction, no vacancy, no turnover.
- Sell vacant. Wait for the lease to expire (or for a month-to-month tenant to be properly notified), get the unit empty, then sell. Slower, and you eat the carrying costs in the meantime.
For a month-to-month tenancy, Florida law (as amended in 2023) requires 30 days' written notice to terminate. For a fixed-term lease, you generally cannot force the tenant out early just because you want to sell – the lease runs its course unless the tenant agrees otherwise.
A property sale does not cancel an active Florida lease. The buyer takes the home subject to the existing lease – which means you can sell without ever asking your tenant to leave.
What a Vacancy Actually Costs You
Landlords underestimate this constantly. Emptying a unit before selling isn't free – it's one of the most expensive choices you can make. Here's the real math on a typical Miami single-family rental:
| Cost of going vacant first | Typical range |
|---|---|
| Lost rent (2–4 months to sell + close) | $6,000–$16,000 |
| Make-ready / turnover repairs | $2,000–$10,000 |
| Mortgage, taxes, insurance while empty | $4,000–$12,000 |
| Agent commission (5–6% if MLS) | $20,000–$35,000 |
On a $450,000 Miami rental, the combined cost of clearing the tenant, prepping the unit, carrying it empty, and paying commissions can easily run $35,000–$60,000. That's before you account for the risk that the market softens while you wait. South Florida insurance and tax bills don't pause just because the house is empty.
Who Buys Occupied Rentals in Miami?
Two kinds of buyers actually want a tenant in place:
- Cash investors looking for turnkey rental income. A paying tenant on a solid lease is an asset to them – day-one cash flow with no lease-up period.
- 1031 exchange buyers on a deadline who need to close fast and prefer income already attached.
This is exactly the kind of property we buy. We've purchased occupied duplexes in Hialeah, single-family rentals in Homestead, and tenant-held condos across Kendall without disturbing the tenant at all. The lease, the security deposit, and the rent roll transfer to us at closing.
What You'll Need to Sell Occupied
A clean tenant-occupied sale moves fast when you have your paperwork together. Gather:
- The current lease (and any addenda or renewals)
- The rent roll – what's paid, what's owed, payment history
- Security deposit records – amount held and where (Florida requires deposits be properly accounted for and transferred to the buyer)
- A recent estoppel if you have one – a short signed statement from the tenant confirming the lease terms and balance
Under Florida Statute § 83.49, the security deposit must be transferred to the new owner at closing, and the tenant must be notified of the new landlord's information within the statutory window. A buyer who knows the landlord side handles this routinely – it's standard closing paperwork, not a hurdle.
What About Problem Tenants or Unpaid Rent?
This is where selling for cash really shines. If you have a tenant who's behind on rent, a unit you suspect is being mistreated, or a lease dispute you'd rather not litigate, you don't have to fix it before selling. A cash buyer can purchase the property as-is, with the tenant and the situation attached, and take on the eviction or the cleanup themselves.
For a lot of tired landlords, that's the whole appeal. You're not just selling a house – you're handing off a headache. We've taken on properties mid-eviction, with back rent owed, and with tenants who weren't going anywhere voluntarily. You walk away with cash; we deal with the rest.
Occupied Cash Sale vs. Vacant MLS Listing
| Factor | Occupied cash sale | Vacant MLS listing |
|---|---|---|
| Tenant must move out | No | Usually yes |
| Rent you keep collecting | Through closing | Stops when vacant |
| Time to close | 7–14 days | 2–4+ months |
| Turnover / make-ready cost | $0 | $2,000–$10,000 |
| Commission | $0 | 5–6% |
| Showings / staging | None | Required (tenant coordination is hard) |
There's also a practical headache the table doesn't capture: showing a tenant-occupied home on the MLS is miserable. Tenants who didn't choose to sell rarely keep the place show-ready, and Florida requires reasonable notice before entry. Selling to a cash buyer skips showings entirely.
How Our Process Works for Landlords
- Send us the basics – address, current rent, and lease end date.
- We make a cash offer based on the property and the income, usually within 24–48 hours.
- The tenant stays put. No notice, no eviction, no disruption to their lease.
- We close in 7–14 days and take over as landlord at closing. You keep rent right up to the closing date.
Curious what the difference looks like against listing? Run your own numbers with our free cash-vs-listing calculator, or read our deeper breakdown on what you actually net from a cash offer.
Own a rental you're ready to offload?
We buy tenant-occupied houses, duplexes, and condos across Miami-Dade and Broward – as-is, lease and all. No eviction required.
Get a no-obligation cash offerFrequently Asked Questions
Can I sell my Miami rental property if a tenant is still living there?
Yes. Florida law lets you sell a tenant-occupied property at any time. The buyer takes the home subject to the existing lease, so the tenant does not have to move out and the lease terms carry over to the new owner.
Does selling the property end my tenant's lease?
No. A fixed-term lease survives the sale under Florida Statute § 83.561. The new owner becomes the landlord and must honor the lease until it expires. A month-to-month tenancy can be ended with proper 30-day written notice.
What happens to the security deposit when I sell?
Under Florida Statute § 83.49, the security deposit transfers to the buyer at closing, and the tenant is notified of the new landlord. This is handled as standard closing paperwork.
Can I sell a Miami rental with a tenant who owes back rent or is being evicted?
Yes. A cash buyer can purchase the property as-is with the tenant and the situation attached, taking on any pending eviction or unpaid-rent issue. You don't need to resolve it before selling.
Is it faster to sell occupied or wait for the unit to be empty?
Selling occupied for cash is usually much faster – 7 to 14 days versus 2 to 4+ months to clear the tenant, prep the unit, and sell vacant. You also keep collecting rent right up to the closing date.
Sources: Florida Statute § 83.561 (termination of rental agreement on foreclosure / continuation of tenancy); Florida Statute § 83.49 (security deposits, transfer on sale); Florida Residential Landlord and Tenant Act, Part II of Chapter 83 (notice requirements, as amended 2023).
This article is educational and not legal advice. Florida landlord-tenant law is fact-specific – consult a Florida-licensed attorney or real estate professional for guidance on your property and lease.