Brevard County · Selling
Selling a rental, with or without tenants in Brevard County
Block showing times around your tenants, and every step of the sale in order.
Free · Agents who know Brevard County · Every step in one app
Selling a rental can feel like holding two jobs at once. You want a good price, and you also want to treat your tenant fairly. You may worry about showings, about a lease that does not end when you need it to, or about the taxes on the sale.
That is a lot to hold, and it is normal to feel stuck at the start. Rentals sell in Brevard County all the time, both with tenants in place and after they move out.
The path starts with one document: the lease. Once you know what it says, the rest falls into order: when to sell, how to show the home with respect for the people living there, and what papers the buyer needs.
What’s different for you
- Check the lease. The lease shapes timing and whether the buyer takes the tenant.
- Plan showings. Block showing times that respect your tenants.
- Sell in order. Every step in plain words, with the lease shared with buyers.
When you start in CloseHive from this page, your plan already includes these steps, along with the usual ones for selling in Brevard County. You always see what to do next, and your agent handles the how.
What to know
Start with the lease
The lease shapes almost everything: when it ends, how much notice is needed, and whether it says anything about a sale or showings. Read it with your agent before you set a listing date. If the lease is unclear, a Florida landlord-tenant attorney can explain what it means for you.
A sale can happen with the tenant in place
Florida law expects that a rental may be sold while tenants live there. When a rental is sold, the law says all security deposits and advance rent held for tenants must be moved to the new owner, along with any earned interest and a clear accounting for each tenant. After you hand them over and get a written receipt, you are no longer the one holding that money.
Ending a lease with no set end date
For a tenancy without a set end date, Florida law sets notice times. A month-to-month tenancy can be ended with at least 30 days’ written notice before the end of a monthly period. A year-to-year tenancy needs at least 60 days’ notice before the end of the annual period. A lease with a fixed end date usually runs until that date unless the lease says otherwise.
Showing the home to buyers
Florida law says a tenant may not unreasonably refuse to let the landlord show the home to buyers. The landlord may enter for that purpose with the tenant’s consent, in an emergency, when the tenant unreasonably refuses, or when the tenant has been away for half a rent period. The law also says a landlord may not use this right to harass a tenant. Agreeing on set showing windows in writing keeps things calm for everyone.
Taxes are different for a rental
The IRS rule that lets many owners leave up to $250,000 of gain ($500,000 for joint filers) out of income applies to a main home, generally one you owned and lived in for 2 of the last 5 years. A rental you never lived in usually does not meet that test. The IRS also says part of the gain on real property linked to past depreciation can be taxed at up to 25 percent. Talk with a CPA before you sign, because timing can change the result.
Papers the buyer must get
The same disclosures apply as for any home sale in Florida. That includes the flood disclosure at or before signing the contract and the radon gas notice. Buyers of a rental with a tenant will also want a copy of the lease, the rent amount, the deposit amount and any rules about pets or repairs.
Your options
What to gather
- A copy of the signed lease and any renewals
- The rent amount and a record of payments
- The security deposit and advance rent amounts, and where they are held
- A written list of agreed showing times you and the tenant both accept
- Recent repair records and any open repair requests
- Your answers to the flood disclosure questions
- Your purchase papers and records of improvements, for your CPA
- Records of past depreciation from your tax returns, for your CPA
- Your latest mortgage statement, so the payoff can be planned
Mistakes to avoid
- Listing before reading the lease. Read the lease first so your listing date, showings and closing date fit what it says.
- Surprise showings. Agree on showing windows in writing and give notice each time. A calm, respected tenant keeps the home looking its best.
- Forgetting the deposits. Florida law requires moving deposits and advance rent to the new owner with an accounting. Plan this with the title company before closing.
- Guessing about taxes. A rental is taxed differently from a main home. Meet with a CPA before you accept an offer, not after closing.
Brevard County in numbers
- The typical home in Brevard County is worth about $339,600, and 77% of homes are lived in by their owners.
- Typical rent here is about $1,556 a month, including utilities.
Free help
Questions people ask
Can I sell a house with tenants in it?
Often yes; the lease and Florida law shape what happens to the tenant, so your agent starts there.
Can I sell my house while a tenant lives there?
Often yes. Florida law plans for this: when a rental is sold, the deposits and advance rent move to the new owner. Your lease shapes the details, so your agent starts by reading it with you.
Does the tenant have to leave when I sell?
Not automatically. A lease with a set end date usually continues until that date unless it says otherwise. A month-to-month tenancy can be ended with at least 30 days’ written notice before the end of a monthly period.
Can my tenant refuse showings?
Florida law says a tenant may not unreasonably refuse to let the landlord show the home to buyers. The landlord also may not use that right to harass the tenant. Agreeing on set times in writing works best.
How much notice do I give before entering?
Florida law sets 24 hours’ notice for entering to make repairs, between 7:30 a.m. and 8:00 p.m. For showings, the law lists when entry is allowed, such as with the tenant’s consent. Ask a Florida attorney if your lease or situation is unclear.
What happens to the security deposit when I sell?
Florida law says the deposits and advance rent must be transferred to the new owner, with any earned interest and an accounting for each tenant. Once you hand them over and get a written receipt, you are released from holding them.
Do I pay capital gains tax when selling a rental?
Often yes, because the main-home exclusion usually does not apply to a rental you did not live in. The IRS says part of the gain tied to past depreciation can be taxed at up to 25 percent. A CPA can work out your numbers.
Should I sell with the tenant or wait until it is empty?
With a tenant, you often sell to investors who want rent right away. Empty, you reach buyers who want to live there, but you go without rent while it sells. Compare both in dollars with your agent.