Know your rights—and the tenant’s, too.
Whether you’re tired of landlord life or want to take advantage of a seller’s market, there are plenty of reasons you might need to learn how to sell a tenant-occupied property. Sure, it’s your house to sell, but having renters does affect the process. Violating lease agreements or angering a tenant could slow things down, so you’ll want to approach selling your tenant-occupied property with care and plenty of research.
Selling a Tenant-Occupied Property
One of the biggest challenges of figuring out how to sell a tenant-occupied property is that there are so many variables. Here are a few different ways to approach the sale, depending on your situation.
If Your Tenant Has a Month-to-month Lease
Month-by-month leases are typically the most flexible rental situations. Depending on your state and city, you may only need to give your renters a heads-up 30 or 60 days before you need them to hand over the keys. Make sure to provide notice (in the manner required by your lease) to your tenant detailing when the agreement will end.
Landlords can typically terminate month-to-month leases without cause or explanation, so you aren’t required to tell your tenant about the sale. However, any housekeeping measures you need to take (think: preparing for inspections or open houses) may go more smoothly if you keep your tenant in the loop.
If Your Tenant Has a Fixed-term Lease
Longer leases can slow down the process of selling a tenant-occupied property a bit. Unless your lease includes an early termination clause, your renter has the right to live on the property until the lease is up—assuming he or she is paying rent and hasn’t violated the lease agreement.
The bottom line is, if a renter is following the rules and paying regularly, they don’t lose their right to call your house their home just because you want to sell. It may be best to wait until the lease has expired before selling your tenant-occupied property.
If You Have a Problem Tenant
If you and your tenant have a rocky relationship, you’ll want to be careful not to make any moves that compromise the sale. Showing the home to potential buyers while an uncooperative renter is still living there, for example, is risky.
An uncooperative tenant may be less willing to tidy the house for prospective buyers or could refuse to leave the house while potential buyers view it, making for an awkward sales experience.
At the end of the day, selling your tenant-occupied property will go much more smoothly if you and your tenant can cooperate. You could try offering a break on rent for their cooperation, meaning they not only agree to showings, but they also make the bed, contain any pets, and clear the dirty dishes from the sink before showings.
If Your Tenant Doesn’t Want to Go
- Sell to Your TenantIf your tenant really doesn’t want to leave, ask if they want to buy the property. If they already know and love the home (plus, their stuff is already there), they could be your best buyer. If they can’t get a mortgage, consider seller financing. Here, you’re the seller and the lender, letting your tenant make payments to you. While this isn’t always the best fit for sellers, if it spares you the hassle of waiting for the least to end and going through a lengthy sales process, it could be worth it.
- Sell to an InvestorHomebuyers in the market for their own home aren’t typically interested in waiting out someone’s lease agreement, but you may have better luck selling to another investor. However, you’ll likely be dealing with a smaller market, and the new landlord or company will need to honor the tenant’s existing lease.
- Pay Your Tenant to VacateYes, it sounds counter-intuitive if you’re selling the property to make a profit. But if you’re in a rush to sell your tenant-occupied property, you may need to sweeten the deal. How much should you offer? Start by scanning similar properties to compare rent prices. (Trulia’s Real Estate Overview tool can also give you the median rent for your area). If typical rents are more than you’ve been charging, offer to pay the difference multiplied by the number of months left on your tenant’s lease. You could also pay the moving costs or offer cash to cover the next security deposit.