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Selling a Florida House That Has Tenants or Other Occupants In It

Yes. A Florida house can be sold with tenants or other occupants in it, and selling it does not by itself end anyone's right to be there. The occupants can only be removed the lawful way, and which way depends on who they are: a tenant needs a court eviction under chapter 83, and a tenant after a foreclosure also has federal protection. A transient guest can be removed by law enforcement on a sworn affidavit, and an unauthorized squatter by the sheriff under Florida Statute 82.036. Shutting off utilities or changing the locks exposes the owner to damages of at least three months' rent.

Sources verified: September 27, 2026

This is general information, not legal advice.

First, work out what kind of occupant you have

The rules are completely different depending on the answer, so this is not a formality.

A tenant under a residential lease is governed by Part II of Chapter 83, and has the full set of protections described below.

A transient occupant is defined in Florida Statute 82.035(1) as "a person whose residency in real property intended for residential use has occurred for a brief length of time, is not pursuant to a lease, and whose occupancy was intended as transient in nature." The section lists factors, including that the person "does not have an ownership interest, financial interest, or leasehold interest in the property entitling him or her to occupancy," "does not have any property utility subscriptions," "pays minimal or no rent," and "has an apparent permanent residence elsewhere."

An unauthorized person who entered unlawfully is dealt with under Florida Statute 82.036.

A holdover whose lease has ended is covered by Florida Statute 83.58: if a tenant "holds over and continues in possession of the dwelling unit or any part thereof after the expiration of the rental agreement without the permission of the landlord, the landlord may recover possession of the dwelling unit in the manner provided for in s. 83.59," and may "also recover double the amount of rent due."

Getting the classification wrong is costly. Florida Statute 82.035(4) anticipates it: if the court finds the defendant is actually a tenant governed by Part II of Chapter 83, the court "may not dismiss the action without first allowing the plaintiff to give the transient occupant the notice required by that part."

The point most guidance gets wrong: there is no Florida notice period for a tenant after foreclosure

If you are selling a property that has been through, or is going through, foreclosure, you will find a great deal of published material citing "Florida Statute 83.561" and a 30-day notice, or citing "Florida Statute 83.5615" and a 90-day notice. Both citations are unreliable, for different reasons.

Florida Statute 83.561 no longer exists. It was repealed by section 1 of chapter 2020-99, Laws of Florida, effective July 1, 2020. Requesting it from the Florida Legislature's own statute site returns "The statute you have selected cannot be found."

Florida Statute 83.5615 has never taken effect. The same act created it, but conditionally. The Note printed on the section itself reads: "Section 2, ch. 2020-99, created s. 83.5615 '[e]ffective upon the repeal of the federal Protecting Tenants at Foreclosure Act, Pub. L. No. 111-22.'" That federal repeal has not happened. So although the text of Florida Statute 83.5615 does appear in the statute books, and although it does contain a 90-day notice provision, that 90-day period is not currently operative Florida law. It is a standby provision waiting on a federal event.

The result is that Florida currently has no state statute setting a notice period for terminating a residential tenancy after a foreclosure. That is not a gap, though, and the next section is why.

The federal Act is the one that applies, and it is permanent

The Protecting Tenants at Foreclosure Act of 2009 is federal law, and it is the reason Florida's own provision was written to sit dormant.

The Act originally carried a sunset. Congress removed it. Section 304 of Public Law 115-174 is titled "Restoration of the Protecting Tenants at Foreclosure Act of 2009," and it does two things: subsection (a) provides that "Section 704 of the Protecting Tenants at Foreclosure Act of 2009 ... is repealed" — section 704 being the sunset clause — and subsection (b) provides that "Sections 701 through 703 of the Protecting Tenants at Foreclosure Act of 2009, the provisions of law amended by such sections, and any regulations promulgated pursuant to such sections, as were in effect on December 30, 2014, are restored and revived." Subsection (c) sets the effective date at "30 days after the date of enactment of this Act." Public Law 115-174 was approved May 24, 2018, so the restoration took effect June 23, 2018. There is no new sunset.

What the restored Act requires is in section 702 of Public Law 111-22, codified as a note to 12 U.S.C. 5220. On a foreclosure of a federally related mortgage loan or of any dwelling or residential real property, "any immediate successor in interest in such property pursuant to the foreclosure shall assume such interest subject to" two things.

The first is notice: "the provision, by such successor in interest of a notice to vacate to any bona fide tenant at least 90 days before the effective date of such notice."

The second is the lease itself. A bona fide tenant with a lease entered into before the notice of foreclosure may "occupy the premises until the end of the remaining term of the lease, except that a successor in interest may terminate a lease effective on the date of sale of the unit to a purchaser who will occupy the unit as a primary residence, subject to the receipt by the tenant of the 90 day notice." A tenant without a lease, or with one terminable at will, gets the 90 days.

"Bona fide" is defined in section 702(b), and all three conditions must hold: "the mortgagor or the child, spouse, or parent of the mortgagor under the contract is not the tenant"; "the lease or tenancy was the result of an arms-length transaction"; and "the lease or tenancy requires the receipt of rent that is not substantially less than fair market rent for the property or the unit's rent is reduced or subsidized due to a Federal, State, or local subsidy."

The Act also preserves anything stricter: nothing in the section "shall affect the requirements for termination of any Federal- or State-subsidized tenancy or of any State or local law that provides longer time periods or other additional protections for tenants."

So the position in Florida is this. The federal 90 days applies. Florida Statute 83.5615 would add a state-law version of the same protection, but it was drafted to commence only "upon the repeal of the federal Protecting Tenants at Foreclosure Act" — and Congress did the opposite in 2018, making the federal Act permanent. That is exactly why the Florida section remains dormant, and why quoting it as current Florida law is wrong even though the 90-day figure happens to match.

What the statutes do say about notice, quoted exactly

Where the tenancy is ending for ordinary reasons rather than foreclosure, the periods are in the statutes and we quote them rather than paraphrase.

For a tenancy with no specific duration, Florida Statute 83.57 provides that it "may be terminated by either party giving written notice in the manner provided in s. 83.56(4), as follows":

For a lease with a fixed term, Florida Statute 83.575(1) says a rental agreement "may not require less than 30 days' notice or more than 60 days' notice from either the tenant or the landlord."

Where the tenant has breached, Florida Statute 83.56 applies. For noncompliance of a kind the tenant is not entitled to cure, 83.56(2)(a) provides that "the landlord may terminate the rental agreement, and the tenant shall have 7 days from the date that the notice is delivered to vacate the premises." For curable noncompliance, 83.56(2)(b) requires notice "that, if the noncompliance is not corrected within 7 days from the date that the written notice is delivered, the landlord shall terminate the rental agreement by reason thereof."

For unpaid rent, Florida Statute 83.56(3) provides: "If the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises, the landlord may terminate the rental agreement." The same subsection adds that "legal holidays for the purpose of this section shall be court-observed holidays only."

On delivery, Florida Statute 83.56(4) provides that notices under subsections (1) to (3) "shall be by mailing, delivering a true copy thereof, e-mailing in accordance with s. 83.505, or, if the tenant is absent from the premises, by leaving a copy thereof at the residence," and that these requirements "may not be waived in the rental agreement."

Showing the house to buyers

Florida Statute 83.53(1) says the tenant "shall not unreasonably withhold consent to the landlord to enter the dwelling unit from time to time in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors."

So showing the property to a buyer is a listed purpose. But be careful about the notice period, because the statute does not attach one to it. Florida Statute 83.53(2) defines "'Reasonable notice' for the purpose of repair" as "notice given at least 24 hours prior to the entry," with reasonable hours "between 7:30 a.m. and 8:00 p.m." The words "for the purpose of repair" are what that definition is tied to. For a buyer showing, entry is authorized under 83.53(2) in the listed circumstances — with the tenant's consent, in an emergency, where the tenant unreasonably withholds consent, or under the extended-absence rule in 83.53(2)(d).

Florida Statute 83.53(3) adds that the landlord "shall not abuse the right of access nor use it to harass the tenant."

In practice, a cooperative tenant and an agreed schedule is worth more than any statutory argument. And a buyer who does not need to view the interior at all — which is often the case with a cash purchase — removes the problem entirely.

What you must not do, and what it costs

This is the part that turns a manageable sale into a lawsuit.

Florida Statute 83.59(3) provides that "the landlord shall not recover possession of a dwelling unit except" in a court action where the right of possession is determined, where the tenant has surrendered possession, where the tenant has abandoned the unit, or in the narrow deceased-tenant circumstance in 83.59(3)(d). Those are the routes.

Florida Statute 83.67(1) provides that a landlord "shall not cause, directly or indirectly, the termination or interruption of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, elevator, garbage collection, or refrigeration, whether or not the utility service is under the control of, or payment is made by, the landlord."

Florida Statute 83.67(2) provides that a landlord "shall not prevent the tenant from gaining reasonable access to the dwelling unit by any means, including, but not limited to, changing the locks or using any bootlock or similar device."

Florida Statute 83.67(5) provides that a landlord "shall not remove the outside doors, locks, roof, walls, or windows of the unit except for purposes of maintenance, repair, or replacement," and "shall not remove the tenant's personal property from the dwelling unit unless such action is taken after surrender, abandonment, recovery of possession of the dwelling unit due to the death of the last remaining tenant in accordance with s. 83.59(3)(d), or a lawful eviction."

The penalty is in Florida Statute 83.67(6): a landlord who violates the section "shall be liable to the tenant for actual and consequential damages or 3 months' rent, whichever is greater, and costs, including attorney's fees," and "subsequent or repeated violations that are not contemporaneous with the initial violation shall be subject to separate awards of damages."

Turning off the water to encourage someone to leave is not a shortcut. It is a statutory cause of action with a minimum measure of damages.

If it does go to court

Florida Statute 83.59(2) requires the landlord to file a complaint "in the county court of the county where the premises are situated," and entitles the landlord "to the summary procedure provided in s. 51.011," with the court directed to "advance the cause on the calendar."

Florida Statute 83.60(2) is the provision that makes these cases move. Where a tenant raises any defense other than payment, the tenant "shall pay into the registry of the court the accrued rent as alleged in the complaint or as determined by the court and the rent that accrues during the pendency of the proceeding." Failure to do so, or to move to determine the amount, "within 5 days, excluding Saturdays, Sundays, and legal holidays, after the date of service of process constitutes an absolute waiver of the tenant's defenses other than payment."

If the landlord wins, Florida Statute 83.62(1) provides that "the clerk shall issue a writ to the sheriff describing the premises and commanding the sheriff to put the landlord in possession after 24 hours' notice conspicuously posted on the premises," and that "Saturdays, Sundays, and legal holidays do not stay the 24-hour notice period."

The faster routes, where they genuinely apply

For a transient occupant, Florida Statute 82.035(3) allows "any law enforcement officer," on receipt of a sworn affidavit from the party entitled to possession, to "direct a transient occupant to surrender possession of residential property." The affidavit "must set forth the facts, including the applicable factors listed in paragraph (1)(a)." Under 82.035(3)(b), someone wrongfully removed "has a cause of action for wrongful removal against the person who requested the removal."

For an unauthorized occupant, Florida Statute 82.036(2) lets a property owner or authorized agent request the sheriff's "immediate removal" — but only "if all of the following conditions are met," and the eight conditions in 82.036(2)(a) to (h) are cumulative. Among them: the occupants "are not current or former tenants pursuant to a written or oral rental agreement authorized by the property owner," "are not immediate family members of the property owner," and "there is no pending litigation related to the real property between the property owner and any known unauthorized person."

The complaint is made on the sworn form set out in Florida Statute 82.036(3), which requires the owner to initial each of thirteen statements under penalty of perjury, including an acknowledgement that a person removed "may bring a cause of action against me for any false statements made in this complaint, or for wrongfully using this procedure." Under 82.036(6), a wrongful removal exposes the owner to "statutory damages equal to triple the fair market rent of the dwelling, court costs, and reasonable attorney fees."

These are powerful remedies and they are not available against a tenant. Using them against someone who turns out to have been a tenant is expensive.

Family members and ex-partners

The sheriff's route is closed here, deliberately. Among the cumulative conditions in Florida Statute 82.036(2), the occupants must be persons who "are not immediate family members of the property owner." A grown child, a sibling, a parent, an ex-partner who was never on a lease — none of them can be removed by the sheriff under that section.

Nor are they tenants, if no rent was agreed and no lease exists, so chapter 83 is not the route either. What is left is an unlawful detainer action under chapter 82. Florida Statute 82.01(4) defines "unlawful detention" as "possessing real property, even if the possession is temporary or applies only to a portion of the real property, without the consent of a person entitled to possession of the real property or after the withdrawal of consent by such person" — which is what a family arrangement that has broken down usually is: consent that has since been withdrawn.

Florida Statute 82.03(1) gives the remedy. A person entitled to possession "has a cause of action against a person who obtained possession of that real property by forcible entry, unlawful entry, or unlawful detention and may recover possession and damages," and "is not required to notify the prospective defendant before filing the action." Under Florida Statute 82.03(4), the action "must be brought by summary procedure as provided in s. 51.011, and the court shall advance the cause on the calendar" — the same fast track as an eviction. Florida Statute 82.03(2) adds that where the court finds the detention "willful and knowingly wrongful," it "must award the plaintiff damages equal to double the reasonable rental value."

It is still a court case, and it still takes a judge. But it is the right case, and filing the wrong one is what costs months.

The deposit goes with the house

One practical point that catches sellers out at closing. Florida Statute 83.49(7) provides that "upon the sale or transfer of title of the rental property from one owner to another ... any and all security deposits or advance rents being held for the benefit of the tenants shall be transferred to the new owner or agent, together with any earned interest and with an accurate accounting showing the amounts to be credited to each tenant account."

The deposit is not the seller's money to keep. And where a tenancy is ending rather than transferring, Florida Statute 83.49(3)(a) requires the landlord to return the deposit "within 15 days after the termination of the rental agreement" if no claim is intended, or to give written notice of an intention to impose a claim "within 30 days after the termination of the rental agreement" — failing which "he or she forfeits the right to impose a claim upon the security deposit."

Where we fit

Investor Trustee Services buys Florida houses with tenants and occupants in place. An occupied property is not a problem we need the seller to solve first, and we would rather take on the occupancy than have a seller attempt a self-help removal that creates liability under Florida Statute 83.67. Where a reverse mortgage is involved, that is a particular focus of ours: Investor Trustee Services is an approved bidder in HUD's reverse-mortgage (HECM) loan sales and an active buyer of houses left behind by reverse mortgages.

That last point is more relevant here than it may appear. HUD runs two reverse-mortgage loan sale series — HVLS for loans secured by vacant properties and HNVLS for loans secured by occupied ones — so occupied reverse-mortgage properties are a category we work in routinely rather than an exception. The people still living in an HNVLS property are very often the borrower's family rather than tenants, which is the situation the unlawful detainer section above describes.

Every section named here is free to read at leg.state.fl.us or flsenate.gov.

Selling a Florida house in this situation? Get a written cash offer — no fees, no repairs, and no obligation.