Selling a Rented House in Florida: Landlord and Tenant Rules

Last updated November 14, 2026. Citations come from the Florida statutes and official agency pages linked in Sources. Where we could not confirm something on an official page, we say so.

When a Florida rental property is sold, all security deposits and advance rents held for tenants must be transferred to the new owner or the buyer must be told to assume them. A landlord cannot use self-help to remove a tenant.

Sale and deposits

• Upon the sale or transfer of title of rental property, all security deposits and advance rents held for tenants must be transferred to the new owner or agent with earned interest and an accounting of each tenant account; on transmittal of a written receipt the transferor is released from the holding obligation. (Fla. Stat. Sec. 83.49(7))
• There is a rebuttable presumption that a new owner or agent received the security deposit from the previous owner; the presumption is limited to 1 month's rent. (Fla. Stat. Sec. 83.49(7))
• If the landlord does not intend to claim the security deposit, it must be returned within 15 days after termination of the rental agreement; if the landlord intends a claim, written notice by certified mail or e-mail must be given within 30 days; failing that the landlord forfeits the right to set off against the deposit. (Fla. Stat. Sec. 83.49(3)(a))
• The tenant has 15 days after receipt of the landlord's claim notice to object; if no objection, the landlord may deduct the claim and remit the balance within 30 days after the date of the notice. (Fla. Stat. Sec. 83.49(3)(b))
• A deposit held must be in a separate non-interest-bearing or interest-bearing Florida account, or a surety bond posted (the lesser of the total deposits or $50,000 with the clerk); interest elections are at least 75 percent of the annualized average rate or 5 percent per year simple interest. (Fla. Stat. Sec. 83.49(1))
• A renewal of an existing rental agreement is considered a new rental agreement and any deposit carried forward is a new security deposit. (Fla. Stat. Sec. 83.49(6))

Notice and possession

• A tenancy without a specific term requires written notice to end it: 60 days (year to year), 30 days (quarter and month to month), 7 days (week to week). (Fla. Stat. Sec. 83.57)
• A landlord cannot self-help evict; recovery of possession is only through court action, surrender, or abandonment (or the deceased last tenant provision). (Fla. Stat. Sec. 83.59(3))

What we could not confirm

• Changes made by ch. 2026-143 to Sec. 83.56.
• Notice-to-tenant requirements for showings (s. 83.53 access, 12 hours) not opened.
• Whether a lease survives a sale (tenant protection after foreclosure, s. 83.561 and federal law) not opened.

How to sell a house in Florida when this applies to you

1. Find out what the title company needs. For an inherited or transferred house, that usually means the recorded document that shows who owns it today.
2. Get a payoff for any mortgage and the amount of any unpaid property tax. Both are paid from the sale proceeds at closing.
3. Compare offers on what you net after repairs, commissions and closing costs, not on the headline price.
4. If you want a fast, simple closing, ask for a written cash offer. We buy houses as-is, with no repairs and no agent commission. See how we buy houses in Florida.

Selling a Rented House in Florida FAQ

What happens to security deposits when I sell?

They must be transferred to the new owner or the new owner assumes them, as Sec. 83.49 provides.

Can I end a month-to-month tenancy to sell?

With written notice: 30 days for month to month, and 60 days year to year (Sec. 83.57).

Can I sell my Florida house as-is?

Yes. A cash buyer purchases as-is, and the title company pays any mortgage and unpaid property tax from the proceeds at closing.

Sources

• Fla. Stat. Sec. 83.59(2)
• Fla. Stat. Sec. 83.57(1)-(4)
• Fla. Stat. Sec. 83.49(7)

This guide is general information, not legal or tax advice. Laws, forms and fees change, so confirm details with the official office or a Florida Florida attorney or tax professional.