If you own a Gainesville, Florida rental property, there may come a time when you’re ready to sell your house, apartment, or building. But what happens if you want to sell your Gainesville property but there are tenants living there? Do you have to wait for the lease to expire? Are you able to get the tenants to move out beforehand? Can you still sell a Gainesville property with tenants in it?
These are all important and critical questions to ask when you want to sell your Gainesville property. There are pros and cons in each answer that could affect how much money you can make selling the home or what kind of legal issues there are involving landlord and tenant rights. But if you feel like this is the right time to sell your Florida rental property, then you should move forward the best way possible.
While selling a Gainesville rental property with tenants inside can present some challenges, there are ways to plan accordingly, work with renters on a solution, and find a buyer who wants to buy your Gainesville property. That’s true whether you want to sell your property on the housing market or sell to a cash buyer like Sell Your Gainesville Home Today. If you want to sell your house without any cost, we can help.
Let’s take a closer look at what’s involved in selling a Gainesville property with tenants in it.
Landlord Rights in Florida
One of the first steps when considering selling a Gainesville rental property is determining what kind of rights you have as the owner and landlord.
When you entered into an agreement with a tenant to live in your Gainesville home or property, you almost certainly signed a lease that contained information about the rights of both the landlord and the tenant. Included in that are certain duties you are responsible for and certain rights that you have as the owner, including if and when you decide to sell your rental property.
There are some very basic and obvious rights that you have as a landlord, including the right to receive rent in a timely manner from the tenant, the right to have the rental unit remain undamaged per the terms of the agreement, and the right that the overall property not be damaged or left in a state of disrepair by the tenant. In return, the landlord gives the tenant something called the right of peaceful possession, which allows them to use the property free from your interference. If you do need to enter the property or make changes, tenants must be notified using the terms of the lease and Florida laws.
When it comes to selling your Gainesville property, you do have the right to do so if tenants live there, but you have to adhere to the terms of the lease and Florida rental laws. You can inspect the property to ensure it meets codes or to see what repairs are needed, but you have to give the tenant reasonable notice before entering. The same goes for showing the property to potential buyers.
If you want to end a tenancy because of an impending sale or otherwise, you have to do so within the terms of the lease. If there is no lease or the rental unit is rented month-to-month, Florida still requires you to give at least 15 days’ notice in writing. If the tenant fails to meet the terms of the lease, such as not paying rent on time or damaging the property, the landlord has the right to begin the eviction process, but it should be noted that you want to make sure you are providing all the correct and legal timeframes and notices required. Otherwise, that process could backfire on you. You can’t just get rid of a tenant without court approval.
Renters Rights in Florida
Just s landlords have certain rights in this situation, renters’ rights in Florida are usually very clear and spelled out in the state laws. Any landlord should consult the Florida Residential Landlord Tenant Act before renting or taking action against renters.
Firstly, a tenant has the right to “private, peaceful possession” of a rental unit or house. And once they have signed the lease, the renter has the right to use the living space lawfully as they see fit. While a landlord can enter the space, they must provide notice before doing so. The landlord is also expected to make sure the residence is livable and in working condition. If that’s not the case, the renter has the right to ask for repairs, pest control, or anything else that will bring the Gainesville rental property back to a livable condition.
If the landlord requires a security deposit, the renter has the right to demand that it is preserved during their tenancy and that the full amount, minus noted repair or cleaning needs, is returned within 30 days of them leaving the property. Tenants also have the right to object to any usage of the security deposit for those means.
Tenants have the right to be notified in writing of any issues or potential problems the landlord is aware of. This must happen before a landlord is able to begin the eviction process through legal means. This includes nonpayment of rent and the tenant should be given the opportunity to make good on any outstanding amounts owed. Even if a tenant makes a major violation of the lease or property rules, they must still be notified in writing before the landlord can make legal changes. The tenant also has the right to have their own attorney if things are taken to court.
Florida Tenancy Laws
While there are many rules and regulations that are common everywhere in the United States, it’s important to be clear of the specific Florida tenancy laws that exist and affect any landlord or tenant in the state. You can find all these specifics under Florida Chapter 83, section 49.
When it comes to security deposits, Florida landlords are not allowed to “commingle such moneys with any other funds of the landlord or hypothecate, pledge, or in any other way make use of such moneys until such moneys are actually due the landlord.”
Under Florida law, if the tenant doesn’t pay rent on time, both the landlord and renter still have rights to be considered. A landlord is not allowed to take any action against a renter outside of court, even if it’s to get them to pay their rent. This means you can’t disconnect utilities or change locks. Everything must go through the legal system when it comes to payment problems or tenancy issues.
Can You Sell a House with Tenants in?
If you’re asking yourself the question, “can I sell my house with tenants in it?” the answer is certainly yes. Even if you want to sell your house by yourself, there are a lot of questions and issues to consider. But the most important thing to remember is that, no matter what, you have to honor the terms of the lease. And if the tenant breaks the rules of the lease, the issue must be resolved through the legal system. Remember that you can discuss a potential sale and solutions with your tenant, but they are not obligated to do anything beyond what the lease requires of them.
There are plenty of buyers out there who would be interested in buying your Florida rental property. While you might find a buyer on the housing market if it’s a single-family house or apartment, you are probably going to have more luck working with an investor or companies that buy houses in Gainesville like Sell Your Gainesville Home Today who wants to help you sell your Gainesville property fast, can help you avoid commissions and fees, and can pay you cash for your property. This is true even if you have tenants renting the property.
How to Sell Your House with Tenants in
If you’re going to sell a rental property in Gainesville, FL, here are some ways to do it that you’ll want to keep in mind to make it as easy as possible.
Make sure you are giving your tenant or tenants every opportunity to make it easy for them. Let them know about the situation, keep them updated on any changes, and give them as much notice as possible regarding a sale.
Make sure that your property looks its best when showing to potential buyers on the market (cash buyers aren’t as concerned about this). Ask your tenant to leave the premises when showing to buyers and consider incentivizing them to do so.
If you are going to sell the house with tenants attached, make sure that all potential buyers are aware of this and also aware of all the lease terms. Everyone should be on the same page about lease lengths, rent amounts, and all other legal details regarding your Gainesville rental property.
If possible, consider making an agreement with your tenant to vacate early or whenever the sale closes. You can negotiate in many ways, including the way rent is paid. You can also offer to help the tenant find a new rental property or provide a financial incentive to make moving easier for them.
Consider selling your Gainesville property with tenants in it to a cash buyer like Sell Your Gainesville Home Today. We buy properties with tenants and we pay cash for them. We can make you an offer in as little as 24 hours and we’ll be honest and transparent about it. We can then close on your schedule depending on how fast you need to sell. And then we’ll handle everything with the tenant so you don’t have to worry about it anymore.
Selling a Gainesville property with tenants might sound like a confusing or tough proposition but you’ve got a lot of options and ways to go about it. If you’re looking for an easy way to sell your house with tenants in Gainesville, Florida, contact us today! We buy houses in Florida and we’d love to buy yours!