Overview
Selling a Miami condo with a tenant in place is legal and common, but it requires more coordination than a vacant sale. The lease survives the sale, tenants can't unreasonably refuse access for showings under Florida Statute 83.53, and the buyer must receive a copy of the lease and a signed tenant estoppel letter, typically at least 10 days before closing under the standard AS-IS contract. With clear communication and the right paperwork, selling tenant-occupied is very doable.
Gather Your Lease Agreement
Start by reviewing the lease with your tenant. If you used a Florida Realtors®/Florida Bar (FR/BAR) lease, the new owner will almost certainly need to honor it as-is. If there's an addendum, or you used a different lease, the tenant may have agreed to vacate at the time of sale — check the specific language.
Buyers typically request a copy of the lease, and the FR/BAR Sales and Purchase contract requires sellers to provide it within a set number of days after the contract's effective date. The buyer then has the option to review it and, in some cases, terminate the contract based on the terms.
Notify the Tenant You Intend to Sell
Talk to your tenant as early as possible. They may be open to moving out early or being flexible with showings, and coming to an agreement upfront makes the whole process smoother. A letter or email notifying them should include:
- The reason for the notice
- Clear, formal language
- Options for the tenant regarding vacating
- Clear expectations going forward
- A request for specific days and times that work best for them
- Any incentives you're offering for cooperation
Introduce Your Tenant and Agent
If you're working with a real estate agent, introduce them to your tenant early. This gives the tenant a point of contact for questions, and gives everyone a chance to align on a plan. A good agent will be professional with the tenant and know the specific rules around selling tenant-occupied property — and strong marketing (photos, walkthrough video, a 3D tour) can meaningfully cut down on the number of in-person showings needed.
If the Tenant Isn't Complying
Under Florida Statute 83.53(1), a tenant "shall not unreasonably withhold consent" for the landlord to enter and show the unit to prospective purchasers. A tenant can't simply refuse access without reason. If this happens, most landlords still prefer to avoid legal action — if you don't want to pursue it, it may be simpler to hold off listing until the lease ends. If you do want to enforce access, consult a real estate attorney.
Get the Condo Show-Ready
The unit needs to be clean and presentable for showings, with any needed repairs handled as part of your maintenance obligations as landlord. A pre-listing inspection is worth considering, and you'll need to coordinate with the tenant to make sure the unit is photo-ready.
Coordinating Showings
If you're working with an agent, they'll typically coordinate showings directly with the tenant. Give the tenant ample notice, and confirm availability rather than assuming a time works. A few things to keep in mind:
- Coordinate specific days and times where possible.
- Consider asking the tenant to help present the unit for showings.
- Confirm the unit is in good condition before each showing.
Inspection, Appraisal, and Walkthrough
Once under contract, your tenant may still need to provide access for the buyer's inspection, appraisal, and final walkthrough — though a cash buyer in a competitive market sometimes waives inspection or appraisal contingencies. For inspections, make sure the inspector can access the HVAC unit, appliances, and other key areas of the unit.
Your Obligation to the Buyer
The FR/BAR contract gives two options: deliver the property free of occupants, or disclose that a tenant will remain post-sale. If the tenant stays, you're required to disclose the lease terms in writing and provide a copy of the lease. The buyer generally has a window to review and, if they don't like the terms, terminate the contract. A signed tenant estoppel letter is also required.
The Tenant Estoppel Letter
A tenant estoppel letter confirms the tenant's understanding of the actual lease terms — rent, deposit, lease dates, and payment status — and binds them to those terms going into the sale. Under the standard FR/BAR AS-IS contract, this letter must be provided to the buyer at least 10 days before closing, so it's worth requesting from your tenant early rather than waiting until the deadline is close.
Advance Rent and Security Deposits
Any advance rent or security deposit needs to transfer to the buyer at closing. If a property management company holds these funds, communicate with them directly and make sure your agent or closing agent knows to coordinate the transfer.
Assignment of the Lease
The lease needs to be formally assigned to the buyer, who becomes the new landlord and assumes your obligations under it. A real estate attorney can help make sure this is handled correctly.
