Problem Tenants

Can you sell a Florida house with a tenant who will not pay or will not leave?

Yes. You do not have to finish an eviction before you sell. A Florida house can be sold with the tenant in place, or delivered empty at closing. Here is how the eviction process and the sale fit together.

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The short answer

Yes. A landlord can sell a rented Florida house while the tenant lives there, and a sale does not by itself end the lease. A buyer can take the house subject to the lease, or you can resolve the tenancy first. Which is better depends on the lease, the rent history and how fast you need to be done.

Howler Property Group LLC, a Tampa-based company that buys Florida houses directly, publishes this guide. It is general information and not legal advice. Eviction deadlines are strict, so check yours with a Florida attorney. For Tampa Bay specifically, see selling a tenant-occupied house in Tampa.

How does a Florida eviction work?

Chapter 83, Part II of the Florida Statutes sets the process. In outline:

  1. Written notice. For unpaid rent, a three-day notice (not counting weekends and legal holidays). For another lease violation, a seven-day notice that gives the tenant a chance to fix it. For a month-to-month tenancy, a notice at least 15 days before the end of the monthly period.
  2. Court filing. If the tenant does not pay or leave, the landlord files for possession in county court, and the tenant has a short window to answer.
  3. Judgment and writ. If the landlord wins, the court issues a writ of possession and only the sheriff carries it out.

Changing locks, removing doors or shutting off utilities to force a tenant out is prohibited in Florida, and a landlord who does it can owe the tenant damages. Do not use self-help.

Should you evict first or sell with the tenant in place?

  • Sell with the tenant in place. Faster, since you skip the court. A buyer who wants to keep the tenant takes the lease as written. A buyer who does not will not close until the house is empty, or will price in the time and cost of getting it empty.
  • Evict, then sell. You deliver an empty house, which widens the pool of buyers. It takes as long as the notice period and the court calendar allow, and rent keeps going unpaid while it runs.
  • Negotiate the exit. A written agreement for the tenant to leave by a set date, sometimes in exchange for a release of back rent, can be faster than court. Put it in writing and have an attorney read it.

What happens to the lease and the security deposit?

  • A written lease generally continues after a sale, and the new owner steps into the landlord's place.
  • The security deposit has to be handled correctly. Florida requires the landlord to hold it as the lease describes, and to account for it when the tenancy ends (section 83.49). The sale contract and the closing statement say where the deposit goes.
  • The tenant should receive written notice of the new owner and where to pay rent.

What if the tenant left things behind?

Chapter 83 sets a process for abandoned tenant property that starts with written notice, so do not throw anything away first. See selling a house full of belongings.

Where does Howler Property Group fit in?

Howler Property Group buys rented Florida houses as-is for cash, with the tenant still in place or after they have left, and with no repairs and no agent. Tell us where the lease and the rent stand and we explain the options plainly, including when evicting first would leave you better off.

Written 2026-10-27. This page is general information, not legal or tax advice, and we are not a law firm. For your own deadlines and rights, talk to a Florida attorney.

Related questions

Good Questions

Frequently asked

Can I sell my Florida rental house with a tenant living in it?
Yes. A sale does not by itself end the lease, so a buyer can take the house subject to the lease, or you can resolve the tenancy before closing.
Do I have to evict a non-paying tenant before I sell?
No. You can sell with the tenant in place. If the buyer needs the house empty, an eviction or a written move-out agreement has to be finished before closing.
How long is the eviction notice for unpaid rent in Florida?
Generally three days, not counting weekends and legal holidays, under Chapter 83. A Florida attorney can confirm the notice and dates for your lease.
Can I change the locks to make a tenant leave in Florida?
No. Lockouts, removing doors and cutting off utilities are prohibited, and only the sheriff can carry out a court-ordered removal.
What happens to the security deposit when I sell a rented house in Florida?
It has to be handled as the lease and section 83.49 require, and the sale documents say where it goes. Ask the title company or an attorney how it will appear on the closing statement.
Will a buyer purchase a house that still has a bad tenant?
Some will, as-is, and the price reflects the time and cost of getting the house empty. Others only buy once the tenant has left.