Back to Articles
For Sellers·special-situations

Selling a Home with Tenants in Place

How to navigate selling your rental property when tenants currently occupy it.

November 20, 2023·By Greg Franklin
Share

Selling a Home with Tenants in Place

Selling a rental property adds complexity. Whether you want to sell to investors who'll keep the tenants or to owner-occupants who need vacant possession, here's what to know.

Know the Lease Situation

First, understand what you're working with:

Month-to-Month Tenancy

  • Can provide notice to vacate (typically 30-60 days depending on tenancy length)
  • More flexibility on timing
  • Must follow state and local notice requirements

Fixed-Term Lease

  • Lease survives the sale—new owner inherits it
  • Can't force tenants out before lease ends
  • Selling before lease expires limits your buyer pool

California-Specific Rules

California has strong tenant protections:

  • Just Cause eviction requirements in many areas
  • Specific notice requirements (30 or 60 days depending on tenancy length)
  • Relocation assistance may be required in some jurisdictions
  • AB 1482 statewide rent control may apply

Consult with a real estate attorney about your specific obligations.

Your Selling Options

Option 1: Sell to an Investor (Tenant Stays)

Market the property as an income-producing investment:

Pros:

  • No need to navigate tenant departure
  • Investors value existing rental income
  • Less disruption to tenants

Cons:

  • Smaller buyer pool
  • Investors want returns—may offer less
  • Must provide tenant and lease documentation

Option 2: Sell Vacant

End the tenancy and sell to owner-occupants:

Pros:

  • Larger buyer pool
  • Owner-occupants often pay more
  • Easier showings and staging

Cons:

  • Lost rental income during sale process
  • Vacancy costs
  • Must navigate tenant departure properly

Option 3: Sell with Tenant Agreement to Leave

Negotiate tenant departure timing that works for your sale:

  • Tenant agrees to move by closing
  • May require cash-for-keys agreement
  • Coordinate showing access

Working with Your Tenants

Communication

Be upfront:

  • Tell tenants early that you're selling
  • Explain the process and their rights
  • Discuss showing schedules

Cooperation makes everything easier.

Showing Access

You have the right to show the property with proper notice (typically 24 hours in California), but:

  • Work with tenant schedules when possible
  • Keep showings reasonable in frequency
  • Respect their privacy
  • Ensure the home is presentable

Cash for Keys

If you need tenants to leave and they're not obligated to:

  • Offer a financial incentive to vacate
  • Get the agreement in writing
  • Specify move-out date, condition, and payment terms
  • Often cheaper than formal eviction or lost sales

Impact on Sale

Buyers' Concerns

Buyer-occupants worry about:

  • Will tenant actually leave?
  • What condition will the property be in?
  • What if tenant damages property before moving?

Address these in your marketing and contract terms.

Pricing Considerations

Properties with tenants may sell for less because:

  • Smaller buyer pool
  • Can't stage effectively
  • Showing limitations
  • Uncertainty about tenant departure

Timeline Planning

Build tenant transition into your timeline:

  1. Check lease terms and legal requirements
  2. Provide proper notice (if applicable)
  3. List property once tenant departure is confirmed OR market to investors
  4. Coordinate closing with tenant move-out

Documentation Needed

Investors will want:

  • Current lease agreement
  • Rent payment history
  • Tenant ledger
  • Security deposit information
  • Income and expense history

Have these ready before listing.


Selling a rental property? Contact Greg Franklin or call (559) 816-7780 to discuss your situation.

Found this helpful? Share it with others.

Share

Stay Updated

Newsletter coming soon. In the meantime, follow me on social media for the latest real estate insights.

Have Questions?

I'm happy to discuss your specific situation and answer any questions.