Florida Landlord Selling the House
Florida rules on landlord selling the house for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: When a rental property is sold, the security deposit and any advance rent the landlord is holding, plus any interest earned, must be transferred to the new owner (or new rental agent) with an accounting of what is owed to each tenant. Fla. Stat. § 83.49(7)
The rules in Florida
| If the landlord sells the property | When a rental property is sold, the security deposit and any advance rent the landlord is holding, plus any interest earned, must be transferred to the new owner (or new rental agent) with an accounting of what is owed to each tenant. Once the old owner hands over the money and records and gets a written receipt, the old owner is released from the duty to hold the deposit. The law presumes the new owner received the deposit, but that presumption is limited to 1 month's rent. The residential landlord-tenant part of chapter 83 does not separately state whether the lease itself continues with the buyer; the lease terms and general property law apply. Source: Fla. Stat. § 83.49(7) |
|---|---|
| Tenants in foreclosure | Florida's own Protecting Tenants at Foreclosure Act (§ 83.5615) copies the federal PTFA: a 90-day notice to vacate, and bona fide leases are honored to the end of the term unless the buyer will live in the unit. But it takes effect only if the federal PTFA is repealed. Since the federal law is in force, the federal PTFA is what currently applies. No other Florida tenant foreclosure protection was found in ch. 83. The statute's note says it was created 'effective upon the repeal of the federal Protecting Tenants at Foreclosure Act.' The federal PTFA was made permanent in 2018. |
Related questions
Florida vs. neighboring states
| State | If the landlord sells the property | Tenants in foreclosure |
|---|---|---|
| Florida | When a rental property is sold, the security deposit and any advance rent the landlord is holding, plus any interest earned, must be transferred to the new owner (or new rental agent) with an accounting of what is owed to each tenant. Once the old owner hands over the money and records and gets a written receipt, the old owner is released from the duty to hold the deposit. The law presumes the new owner received the deposit, but that presumption is limited to 1 month's rent. Fla. Stat. § 83.49(7) | Florida's own Protecting Tenants at Foreclosure Act (§ 83.5615) copies the federal PTFA: a 90-day notice to vacate, and bona fide leases are honored to the end of the term unless the buyer will live in the unit. But it takes effect only if the federal PTFA is repealed. Since the federal law is in force, the federal PTFA is what currently applies. No other Florida tenant foreclosure protection was found in ch. 83. Fla. Stat. § 83.5615 (ch. 2020-99) |
| Alabama | When a landlord sells a rental in a good-faith sale, the seller is relieved of liability under the lease and the landlord-tenant act for events that happen after the tenant gets written notice of the sale, unless the parties agreed otherwise. The seller stays liable to the tenant for the security deposit the tenant could recover and for all prepaid rent. Separately, whoever holds the landlord's interest when the tenancy ends is bound by the deposit-return rules. Ala. Code §§ 35-9A-205(a), 35-9A-201(h) | No statute protecting tenants in foreclosure was found in the landlord-tenant Act. The disclosure duty in § 35-9A-202 binds any successor landlord or owner. Tenants rely on the federal Protecting Tenants at Foreclosure Act (90-day notice). Ala. Code Title 35, Ch. 9A (checked); § 35-9A-202(b) |
| Georgia | According to Georgia's official Landlord-Tenant Handbook, when a rental property is sold the former owner must either transfer the security deposit to the new owner, who then becomes responsible for it, or refund the deposit to the tenant. If the old owner does neither, the tenant can sue to recover the deposit. The handbook also says new owners of an apartment complex are generally bound by existing leases and cannot raise rents or change rules during them. Georgia Landlord-Tenant Handbook (Dept. of Community Affairs, rev. 8-29-24), pp. 13-14 | Not verified yet |
City rules that may add to state law
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Florida Landlord Selling the House FAQ
What happens to my lease if my landlord sells the house in Florida?
When a rental property is sold, the security deposit and any advance rent the landlord is holding, plus any interest earned, must be transferred to the new owner (or new rental agent) with an accounting of what is owed to each tenant. Once the old owner hands over the money and records and gets a written receipt, the old owner is released from the duty to hold the deposit. The law presumes the new owner received the deposit, but that presumption is limited to 1 month's rent. (Fla. Stat. § 83.49(7))
What are tenants' rights in a foreclosure in Florida?
Florida's own Protecting Tenants at Foreclosure Act (§ 83.5615) copies the federal PTFA: a 90-day notice to vacate, and bona fide leases are honored to the end of the term unless the buyer will live in the unit. But it takes effect only if the federal PTFA is repealed. Since the federal law is in force, the federal PTFA is what currently applies. No other Florida tenant foreclosure protection was found in ch. 83. (Fla. Stat. § 83.5615 (ch. 2020-99))
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.