Is it legal to sell a home when there is a current rental agreement with someone else?

Asked by Kasey, 33066 Tue Sep 6, 2011

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Tammy Hayes’ answer
Tammy Hayes, Agent, Port Charlotte, FL
Sun Dec 4, 2011
Yes. Here is the web site for the Florida Landlord and Tenant Law if you would like to read it. Click on View the Full Florida Statute to select statute of interest.
1 vote
Jeff Holloway, Agent, Sebastian, FL
Sun Nov 27, 2011
Yes. The new owner must honor the rental contract. Of course everything is negotiable.
1 vote
Meir Aloni, Agent, Plantation, FL
Wed Sep 19, 2012
If you have a yearly Lease with your tenant/s, any future buyer MUST honor the terms of the present Lease (unless, of course, if you have a unique/different terms agreement with the tenant/s...)
0 votes
Caroline York, Agent, St Petersburg, FL
Mon Nov 28, 2011
Absolutely. If necessary try to negotiate with the tenant. If you have a buyer that wants to take occupancy prior to the expiration of the tenant's lease then offer to pay the moving expenses and downpayment for the tenants' new rental. Talk to your tenant and if necessary ask the buyer to make these concessions so that you do not have to lose money on your investment when selling.
0 votes
Alma Kee, Agent, Tampa, FL
Tue Sep 6, 2011
Yes absolutely. Florida Landlord Tenant Law requires your landlord only to give you about 12 hours notice for showings.

The rental agreement will survive the sale so if the new owner wants to occupy as his primary residence he (or you) may have to offer a financial incentive to the tenant to encourage him to cancel his lease. If the tenant doesn't want to cancel their lease then you may only be able to sell to an investor. The Seller would have to transfer any deposits held to the new owner.

There may be other legal ramifications so you may want to seek the advice of an attorney.

All the best,
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