Skip to main content
Selling a home in Florida

Can I sell my house with tenants in it in Florida?

Short answer

Yes — you can sell a Florida rental home with a tenant in it, and Florida law says the tenant may not unreasonably withhold consent for you to show the unit to prospective buyers. What happens to the tenancy depends on the lease: a month-to-month tenancy can be ended with at least 30 days' written notice before the end of a monthly period, a fixed-term lease should be reviewed with an attorney, and any security deposit or advance rent must be transferred to the buyer at closing.

Can I show the home while it's rented?

Florida Statutes section 83.53 says a tenant shall not unreasonably withhold consent for the landlord to enter to exhibit the unit to prospective or actual purchasers. For those showings, the landlord may enter with the tenant's consent, in an emergency, when the tenant unreasonably withholds consent, or when the tenant has been absent for half of a rental payment period.

The statute's specific 24-hour notice rule and 7:30 a.m. to 8:00 p.m. window apply to entries for repairs, and the landlord may not abuse the right of access or use it to harass the tenant. Agreeing on a written showing schedule with your tenant can reduce friction.[1]

Do I have to wait for the lease to end?

Not necessarily — you can sell to a buyer who takes the property with the tenant in place, or time the sale around the tenancy. For a tenancy without a specific term, section 83.57 lets either party end it with written notice: at least 30 days before the end of a monthly period for month-to-month, or at least 60 days before the end of the annual period for year-to-year, as of 2026.

For a fixed-term lease, read the lease's terms and have a Florida real estate attorney review them before you promise a buyer the home will be vacant at closing.[2]

What happens to the tenant's security deposit?

Under section 83.49(7), when title transfers, all security deposits and advance rent held for tenants must be transferred to the new owner, together with any earned interest and an accurate accounting of each tenant's account. Once the funds and records are transferred and you receive a written receipt, you're released from the obligation to hold that money.

The law also creates a rebuttable presumption that the new owner received the deposit, limited to 1 month's rent, so handle the transfer through closing and keep the receipt.[3]

Key takeaways

  • A Florida tenant can't unreasonably withhold consent to showings for prospective buyers.
  • The 24-hour notice rule in section 83.53 is written for repair entries; showings rely on consent or the other listed circumstances.
  • As of 2026, a month-to-month tenancy can be ended with at least 30 days' written notice before the end of a monthly period.
  • Security deposits and advance rent transfer to the buyer at closing, with an accounting and a written receipt.
  • Have an attorney review any fixed-term lease before promising a buyer a vacant closing.

Sources

  1. [1]Florida Legislature — Fla. Stat. 83.53, Landlord's access to dwelling unit
  2. [2]Florida Legislature — Fla. Stat. 83.57, Termination of tenancy without specific term
  3. [3]Florida Legislature — Fla. Stat. 83.49, Deposit money or advance rent; duty of landlord and tenant

Reviewed October 11, 2026. General real-estate information for Florida, not legal, tax, lending or insurance advice. Laws, rates and deadlines change — confirm property-specific facts with the agency cited, a Florida real-estate attorney, CPA or licensed insurance agent.

Have a question about a specific property?

Rules like these play out differently address by address. Tell us the property and what you are deciding. The Basaran Group · Anthony Basaran, P.A. · LoKation Real Estate.

Request a personal home value