Yes, you can sell a Miami rental with tenants in place, and Florida's Chapter 83, not a County rule, now sets the terms.
Miami-Dade adopted a Tenant's Bill of Rights in 2022, but Fla. Stat. § 83.425 preempts local regulation of tenancies to the state. At a sale, § 83.49(7) moves every security deposit and advance rent to the new owner.
This is general information, not legal advice. State rules vary.
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You can sell rental property in Miami with tenants in place, and Florida law expects the tenancy to carry on under the buyer. What changed in the last few years is where the rules come from. The County Commission adopted Ordinance No. 22-47, the Miami-Dade County Tenant's Bill of Rights, on May 3, 2022, as its own 2023 resolution records.
Then the Legislature stepped in. Fla. Stat. § 83.425, created by chapter 2023-314, says landlord-tenant matters "are preempted to the state." For a Miami landlord selling today, the deposit, notice, and access rules come from Chapter 83, not a County notice rule.
Can you sell a Miami rental with tenants still living there?
Yes. Florida's landlord-tenant law plans for a sale with people at home: it moves their deposits to the new owner and lets the landlord show the unit to purchasers.
Yes, and the buyer steps into the landlord role. Chapter 83 defines the landlord as "the owner or lessor of a dwelling unit" (§ 83.43(9)). Once the deed records, the buyer owns the house and takes on that role. The tenant keeps paying rent, now to someone new.
For a family renting a duplex in Little Haiti or a small building in Allapattah, that continuity matters. Their school, job, and commute stay the same while the ownership changes around them. A sale with the lease intact can be the least disruptive path for everyone.
What happened to Miami-Dade's Tenant's Bill of Rights?
State law now overrides it on every matter Chapter 83 covers. The County saw this coming and said so in writing.
In March 2023, the Board of County Commissioners passed Resolution R-236-23 opposing House Bill 1417. It warned that the bill could preempt the County's "fair notice requirements and Tenant's Bill of Rights." The same resolution notes an earlier ordinance, No. 22-30, that had enlarged the month-to-month notice period "from 30 days to 60 days."
The bill passed. The Florida Senate bill page shows CS/HB 1417 approved by the Governor and filed as chapter 2023-314. That law created § 83.425.
"This section supersedes any local government regulations on matters covered under this part..."
Fla. Stat. § 83.425, Florida Statutes, Preemption
The statute's list includes security deposits, notice requirements, and "the rights and responsibilities of the landlord and tenant." A landlord who remembers a 60-day County rule is remembering the older ordinance. A Florida attorney can say how any surviving local rule applies to a specific lease.
Who holds the security deposit after a Miami sale?
The buyer does. Under § 83.49(7), all security deposits and advance rents "shall be transferred to the new owner," with any earned interest and an accurate accounting for each tenant.
Once the funds and records move and a written receipt is sent, the seller is free of the duty to hold that money. The statute also presumes the new owner received each deposit. That presumption, though, is limited to 1 month's rent.
The limit explains why records matter at closing. A tenant who paid first month, last month, and a deposit may have more on account than the presumption covers. A copy of each lease, a deposit ledger, and a rent roll let both sides see exactly what moved.
How deposits are held until closing
Until the sale, § 83.49(1) gives the landlord three choices:
- a separate non-interest-bearing account in a Florida financial institution
- a separate interest-bearing account, with interest paid to the tenant
- a surety bond posted with the clerk of the circuit court
The money may not be commingled with the landlord's other funds. The transfer at a sale also "does not excuse" a violation that happened while the seller held the deposits (§ 83.49(7)).
Do tenants have to be told about the new owner?
Florida requires a written disclosure of the landlord's name and address, or the person who receives notices, and that person keeps authority "until the tenant is notified otherwise."
That language comes from § 83.50. Until a tenant hears of a change, the old contact stays the official one for notices and demands. A buyer who wants repair requests and rent questions to reach the right place has a reason to update it soon after closing.
The statute says notices of names and addresses, or changes to them, go to the tenant's residence. They can also go to another address the tenant named in writing, or by e-mail under § 83.505. A short letter with the new owner's name, address, and where to pay rent covers the basics.
How much notice ends a month-to-month tenancy in Miami?
At least 30 days' written notice before the end of a monthly period, under § 83.57(3). Either the landlord or the tenant can give it.
The history line on § 83.57 shows its most recent change came from chapter 2023-314, the same law that created the preemption section. Section 83.57 covers only tenancies "without a specific duration." A lease with a fixed end date runs on its own terms.
| Tenancy without a set end date | Minimum written notice | Rule |
|---|---|---|
| Year to year | 60 days before the end of the annual period | § 83.57(1) |
| Quarter to quarter | 30 days before the end of the quarterly period | § 83.57(2) |
| Month to month | 30 days before the end of the monthly period | § 83.57(3) |
| Week to week | 7 days before the end of the weekly period | § 83.57(4) |
| How it is delivered | Mail, hand delivery, e-mail under § 83.505, or a copy left at the residence if the tenant is absent | § 83.56(4) |
A notice ends a tenancy; it also starts a family's move. Some landlords talk with tenants before anything goes out in writing, so the timeline is clear on both sides. This guide does not cover evictions. A Florida landlord-tenant attorney can explain the options for a specific lease.
Can buyers tour a rental while tenants live there?
Yes, with reasonable cooperation. Section 83.53(1) says a tenant shall not unreasonably withhold consent to let the landlord "exhibit the dwelling unit to prospective or actual purchasers."
For repairs, the statute defines reasonable notice as at least 24 hours, with entry between 7:30 a.m. and 8:00 p.m. Beyond repairs, it lists when a landlord may enter:
- with the tenant's consent
- in an emergency
- when the tenant unreasonably withholds consent
- when the tenant is away for half the rent period, with limits if the rent is current and the tenant gave notice of the absence
The landlord "shall not abuse the right of access nor use it to harass the tenant" (§ 83.53(3)). A short written schedule of showing windows, agreed with the tenant, is one way to keep visits predictable for a household.
Sell rental property in Miami with tenants or vacant?
Selling with tenants keeps rent coming in and passes the lease to the buyer. Selling vacant waits for the tenancy to end, which can widen the buyer pool to people who want to live there.
A listed sale also takes time either way. Redfin reports a median of 113 days on market in Miami for the three months ending September 2026, up from 106 a year earlier (Redfin, September 2026). Its median sale price for that period was $649,691, up 4.8%, with 1,025 houses sold. Separately, Zillow's index put the typical Miami house value at about $583,705 on September 30, 2026, up about 1.4% (Zillow, September 2026).
| Question | Sell with tenants in place | Sell after the tenancy ends |
|---|---|---|
| What transfers | The house, the tenancy, deposits, and advance rent | The house only |
| Who handles the deposit | Seller transfers it to the buyer with an accounting (§ 83.49(7)) | Seller returns it or gives notice of a claim after move-out (§ 83.49(3)) |
| Timing | Can close while the lease runs | Waits for a lease end date or notice under § 83.57 |
| Showings | Need the tenant's reasonable cooperation (§ 83.53) | On the seller's schedule |
| Income during the sale | Rent continues to closing | No rent once the unit is empty |
Our page on selling a house fast in Miami covers the city more broadly. If the work of being a landlord is the larger issue, see options for tired landlords or the statewide tired landlord's guide to selling in Florida.
Code cases follow the house
An open code case can travel with a rental at a sale. The City of Miami and unincorporated Miami-Dade run separate code offices, so where the house sits decides which one applies. Our guide to selling a Miami house with a city code lien walks through the City side.
What taxes come up when a Miami rental sells?
Two federal topics usually come up: tax on gain tied to past depreciation, and a possible section 1031 exchange.
In IRS Topic 409, the IRS says the portion of any "unrecaptured section 1250 gain" from selling real property is taxed at a maximum 25% rate. That gain generally reflects depreciation claimed over the years the house was rented.
A like-kind exchange can defer gain. The IRS explains that if you exchange real property held for business or investment for like-kind property, you generally do not recognize gain under section 1031. Cash received in the exchange is taxable to that extent. A tax professional can run the numbers for a specific sale; this guide does not give tax advice.
How can Propcash help a Miami landlord?
Propcash is a direct cash homebuyer, and we buy with tenants in place. No eviction needed before you sell. Leases, deposits, and advance rent can transfer at closing with the accounting § 83.49(7) describes. Our offers are based on local market data, and we'll show you how we got to our number.
You pick the closing date: as few as 7 days after the contract is signed, or later to line up with a lease end. Sellers pay no fees or commissions, and our offer doesn't expire. If a cash sale isn't your best move, we'll tell you and point you to a local agent who fits. You can request a no-obligation cash offer and compare it with listing or keeping the house.
Frequently Asked Questions
Does a Miami tenant's lease end when the house is sold?
Chapter 83 treats the tenancy as continuing through a sale. Fla. Stat. 83.49(7) moves deposits and advance rent to the new owner for the tenants' benefit, and the statute defines the landlord as the owner. Some leases have their own clause about a sale, so a Florida attorney can review a specific lease.
Does Miami-Dade's 60-day notice rule still apply to month-to-month tenants?
The County once enlarged the month-to-month notice period from 30 days to 60 days, according to its own 2023 resolution. Fla. Stat. 83.425 now preempts notice requirements to the state, and 83.57(3) sets at least 30 days' written notice before the end of a monthly period. A Florida attorney can confirm how this applies to a specific lease.
What if a seller cannot account for an old security deposit?
Fla. Stat. 83.49(7) presumes the new owner received the deposit, but only up to 1 month's rent. The same subsection says the transfer does not excuse a landlord's earlier violations while holding the money. Gathering each lease and deposit record before closing can help both sides see what is owed.
Can a Miami tenant refuse every showing?
Fla. Stat. 83.53(1) says a tenant shall not unreasonably withhold consent for the landlord to show the unit to prospective or actual purchasers. The same section bars the landlord from abusing the right of access or using it to harass the tenant. Agreed showing windows can work for both sides.
Do Miami landlords with fewer than five units send the deposit-location notice?
No. The written notice in Fla. Stat. 83.49(2), which names the bank holding the deposit, does not apply to a landlord who rents fewer than five individual dwelling units. The duty to hold deposits properly under 83.49(1) and to transfer them at a sale under 83.49(7) still applies.
Can Propcash buy a Miami rental with tenants still living there?
Yes. Propcash buys houses with tenants in place, so no eviction is needed before you sell. Leases, deposits, and advance rent can transfer at closing with the accounting Florida law describes. Sellers pay no fees or commissions and pick the closing date.
Reviewed by the Propcash Editorial Team under our editorial standards. Published by Propcash, a direct cash buyer of houses. This guide is general information. Laws, fees, and market figures change, so check the current rules for your state.
