If You Are a Landlord Seeking To Sell Your Tenant-Occupied Property
Some of the many landlord-tenant legal issues that we deal with have to do with landlords who are ready to sell their property that is currently being rented by tenants. Below, we discuss some of the options that you as a landlord have to do so; based on what type of lease agreement you have with your tenants; and how to deal with any bumps that might come along during the process: Month-To-Month Leases A month-to-month lease is arguably the best situation for a landlord because you usually only have to provide between 30 and 60 days notice to your tenants. However, first and foremost, you must ensure that you abide by the terms of your lease, including any particular provisions that were put in. Not only is it the law, but being respectful and keeping your tenant(s) informed can only help you with the selling process. That being said, make sure you also ‘dot the i’s and cross the t’s,’ and put everything in writing, including a reminder of what date their lease ends and the date by which the tenant(s) need to move out and return the keys to you. Fixed Term Leases When it comes to a fixed term lease, your tenant(s) have the right to remain on the property through the duration of their lease, unless you inserted an early termination clause. This is why it is advisable to work with an attorney from the get-go when it comes to being a landlord, including in drafting your tenant agreements, so that you can include any and all clauses you might need to address any exigent circumstances that may come up. Difficulties, Incentives, Other Options, and Termination What do you do if difficulties arise with respect to your tenant(s)? First and foremost, definitely wait until the end of the lease, per the lease agreement, before you place the property on the market. The last thing that you want is a tenant potentially interfering with the selling process and making things difficult. Note that it can also sometimes be helpful to provide incentives to your tenant(s), such as a discount on their rent, in an effort to obtain their assistance if they are remaining in the unit as you place the property on the market. For example, it is extremely helpful for tenant(s) to leave the premises clean and be will to accommodate last-minute showing requests. Some other options include: Offering your tenant(s) the first right to purchase the property; Paying them out for the remainder of their lease so that they will leave; and/or Selling to an investor who can purchase the property while your tenant’s lease is still active. Do keep in mind that you can terminate the lease if the tenant(s) go so far as to: Become a nuisance to neighbors; Cause damage to the property; Engage in illegal activities, such as possession of drugs; Fail to pay rent (or continuously pay it late); Provided any misrepresentations on their rental application; and/or Violate any lease terms, such as a no-pet clause. Contact Our Florida Landlord Tenant Attorneys Contact our Florida landlord-tenant, property management, property owner attorneys at HD Law Partners today with any questions. Resource: forbes.com/sites/forbesrealestatecouncil/2018/12/12/what-landlords-need-to-know-about-selling-a-tenant-occupied-property/#605ab2974b76 Posted in Landlord Tenant | No Comments » Connect with us Archives May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 July 2025 June 2025 January 2025 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 May 2022 April 2022 March 2022 November 2021 October 2021 September 2021 August 2021 July 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 November 13 Categories Alimony Appellate Arbitration Auto Accidents Auto Insurance Business Corporate Business Insurance Law Child Custody Child Support Criminal Law Divorce Family Law FEMA Insurance Payments Florida’s Mandatory 2‑Hour Legal Professionalism CLE: Foreclosure Defense Fort Myers Hurricane Insurance Attorney General Guardianship HD Law Partners Service HOA/Property Management Homeowners Association Homeowners Insurance Hurricane Claims Hurricane Insurance Insurance Bad Faith Insurance Claims Insurance Defense Insurance Litigation Landlord Tenant Law Enforcement Liability Loan Modifications Mold Water Damage Parental Rights Paternity Personal Injury Premises Liability Law Prenuptial Agreements Private Security Property Distribution Property Owner Law Sarasota Insurance Litigation Attorney Slip Fall Tampa Business and Corporate Attorneys tampa family attorney Tampa Insurance Attorneys Timeshare Timesharing Uncategorized HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us