How to Sell a House With Tenants in It (NYC Landlord Guide)

You can sell a house that has a tenant living in it, and the lease travels with the property, a sale does not break a lease. The key is knowing the notice rules and which buyer pool to target. Here is how it works in New York.

Can I sell a house with a tenant still in it?

Yes. The buyer takes the property subject to the existing tenancy. A fixed-term lease must be honored to its end; a month-to-month arrangement is more flexible but still requires proper notice.

How much notice do I have to give?

Under New York’s 2019 tenant law, notice scales with tenancy length: 30 days if under a year, 60 days for one to two years, and 90 days for two years or more. You cannot evict a tenant simply because you want to sell; the legal path to vacancy is a documented cash-for-keys agreement.

Is a tenant a problem or an asset when selling?

It depends on the buyer. An owner-occupant wants the home vacant, but an investor or house-hacker sees a rented unit as instant income. On Staten Island, an occupied two-family unit is often an asset that attracts the right buyer. Your attorney handles the notices, deposit transfer, and lease details.