Can I Legally Sell My Rental Property With Tenants in It?

Are you selling your rental property with a tenant still living in it?

If so, you once know that dealing with tenants is a complicated affair. Selling your rental property with tenants adds increasingly complexity to an once elaborate process. In recent years, rents have been growing at a brisk pace due to low rental vacancy rates and an increased demand driven by expensive new home builds, making it potentially lulu to landlords looking to mazuma out — and lulu to buyers looking for income by investing in real estate.

Whether rents grow or decline, you may decide that you no longer want to be a landlord. You may want a mazuma infusion, are looking for a new property, or are ready to retire.

You probably have many questions if you’ve been thinking well-nigh selling your occupied rental home.

We talked to an experienced property investor and a top real manor agent to gather tips and tricks well-nigh the benefits and drawbacks of selling a home empty versus occupied.

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Tap into our nationwide network of mazuma real manor buyers, which includes long-term rental investors who may be OK with an zippy lease. We’ll take a squint at your property situation, reach out to interested buyers, and connect you with the weightier offer.

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DISCLAIMER: As a friendly reminder, this blog post is meant to be used for educational purposes only, not legal advice. If you need assistance navigating the legalities of your sale, HomeLight unchangingly encourages you to reach out to your own advisor.

 

Can I sell a rental property with tenants living in it?

Yes, you can sell a rental property with tenants living in it.

Erik Jacobs, a real manor investor with Cicero, France & Alexander, P.C., works on many sales of rental properties. Jacobs estimates that 90 to 95% of the commercial transaction he handles involves tenants staying with the property.

The key determining factor is the type of rental try-on you’ve established with your tenants. There are two primary options: month-to-month agreements and fixed-term leases.

 

Options for handling tenants with a month-to-month agreement

If your tenant rents on a month-to-month basis, you likely won’t have a problem selling an occupied property as long as you requite the tenant proper notice.

In general, both landlords and tenants can end month-to-month tenancies by giving written notice at least 30 days in advance. Neither party needs a reason to terminate a month-to-month agreement, which is one of the main benefits of having a month-to-month agreement.

However, it’s important to consult state and local laws as well as review the rental try-on itself to ensure you follow the specific procedures required. Each state has variegated rules and laws that tenancy proper notice, so make sure to check the regulations in your area.

Even if we lose two to three months of rent payments this way, we usually end up selling for up to 20% increasingly than we would if we’d sold with the tenants still living there.

Options for handling tenants with a fixed-term lease

A fixed-term lease, on the other hand, usually extends over a longer period, often spanning 12 months or more. During the lease term, tenants stipulate to stay, pay rent, and can’t be forced to leave unless they violate lease terms. Fixed-term leases are unconfined for stable, long-term housing, and landlords who want to stave frequent tenant turnovers. When the lease ends, tenants can move, renew, or it may wilt month-to-month.

If your tenants signed a fixed-term lease, your options for selling during that term are increasingly complicated considering the lease doesn’t hands terminate just considering of a transpiration in ownership of the property. You can:

1. Wait until the lease expires

If you want to sell your property, it might be largest to take the patient tideway and wait for the current lease to expire. This tideway takes a little planning and foresight on your part but relieves you of the headache of dealing with tenants. There are several crucial benefits to waiting until the tenants have moved out to list a rental property.

First, the current rental income will dictate what the house is worth, says top-selling Huntington Beach, California, real manor wage-earner Cheryl Coleman, who specializes in investment properties. If the tenants move out, you may be worldly-wise to increase the rent, which will, in turn, raise the value of the property.

Another reason to sell a vacant property is that you’ll have the opportunity to make any renovations to increase home value, common repairs, or upgrades without torturous the tenants. It will moreover be easier to prep, stage, and show the home, Coleman notes. “Even if we lose two to three months of rent payments this way, we usually end up selling for up to 20% increasingly than we would if we’d sold with the tenants still living there,” she says.

The biggest drawback of waiting for your tenant’s lease to elapse is the forfeit of paying a mortgage. If you are still paying a mortgage on your rental property, the time it takes to prep your home for sale may be an expense that you don’t wish to accrue.

An exception to the fixed-term lease occurs if there are evictable violations to the lease agreement. Valid reasons for a lease termination may include, but are not limited to:

  • Being a nuisance to others
  • Causing serious property damage
  • Engaging in illegal activities on the property
  • Failing to pay rent
  • Falsifying information on a rental application
  • Subleasing (when prohibited)
  • Violating a no-pet clause

2. Sell the property to an investor with an zippy lease

If your tenant is up to stage on their rent payment and has a preexisting lease or rental agreement, selling to a real manor investor might be the weightier option for you. Having a tenant once in the property is worthwhile for real manor investors considering you’ll save them time and money from finding a new tenant.

One thing to consider is that selling the property to an investor limits your pool of buyers considering you need to sell to someone who accepts and understands that a tenant is living on the property. The lease transfers to the new owner when you sell a property with a tenant on a fixed-term lease.

In commercial real manor contexts, having an existing tenant is a major selling point, equal to Jacobs. “Investors are increasingly apt to squint at the rate of return that they are receiving on their investment than other buyers might be,” he explains. “They are concerned with net operating income (NOI).”