New York Seller Guides

Selling a House With Tenants in New York

You can sell with tenants in place, but the lease doesn't end because the house changes hands. Here's what the law requires, how to plan the timing, and which buyers want a tenant-occupied house.

Updated October 2026•By The CashForHousez Team
Two-family house in Queens with a tenant-occupied upper unit
Quick Answer

Yes, you can sell a house with tenants in New York. A sale doesn't end a lease: the buyer takes over as landlord and must honor it. You have two paths: sell with the tenant in place, usually to an investor, or deliver the house empty, which takes time. Ending a month-to-month tenancy requires 30, 60 or 90 days' written notice depending on how long the tenant has lived there, and only a court can remove a tenant who won't leave. At closing, the security deposit goes to the buyer within five days, with written notice to the tenant.

Selling a house with tenants in New York is common, especially two- and three-family homes in Queens, Brooklyn and the Bronx. But the tenant doesn't disappear when you sign a contract. Their lease, their notice rights and their security deposit all come with the house, and the buyer becomes their new landlord.

That shapes everything: who will buy, what price makes sense, and how long the sale takes. This guide walks through the rules and the choices, in the order you'll face them.

Landlord-tenant law in New York is detailed and changes often. Before you send any notice to a tenant or sign a sale contract, have a New York real estate attorney review your lease and your plan.

What Happens to the Lease When You Sell

In New York, a lease survives a sale. If your tenant has a lease running through next June, the buyer is bound by it through next June, at the same rent, on the same terms. The buyer can't raise the rent mid-lease or end it early just because they bought the house.

Month-to-month tenants also stay unless their tenancy is properly ended (see section 3). And one detail surprises buyers: when a court counts how long a tenant has lived there, it counts the time under the old owner too. A tenant who has been there three years is a three-year tenant to the new owner.

If the house is owner-occupied and you rent out the other unit, that tenant's rights don't change because you're leaving. Plan for them the same way.

Sell Occupied or Deliver Vacant?

This is the biggest decision, and it sets your buyer pool.

Sell with tenants in placeDeliver the house vacant
Typical buyersInvestors and cash buyers who want rental incomeOwner-occupants with mortgages, plus investors
PriceOften lower, especially if the rent is below market or the tenant is behindUsually higher; more buyers can compete
TimingCan close on a normal scheduleAdd the notice period, and possibly months in court if a tenant stays
Main riskBuyer discounts for an unknown or difficult tenantThe contract promises a vacant house and the tenant hasn't left by closing

Don't promise "vacant at closing" until the unit is actually empty, or your attorney has built in protection. If the contract says you'll deliver it vacant and the tenant is still there, you may be in breach, and the buyer can delay, renegotiate or walk away. Many sellers get the tenant out first, then sign the contract.

For a house with a below-market rent, a tenant who's behind, or a unit that may not be legal, selling as-is to a cash buyer who takes over the tenancy is often the simplest path. Our guide to selling for cash covers how to compare those offers.

How Much Notice You Must Give

If there's no lease, or the lease is ending and you don't plan to renew, New York's Real Property Law §226-c requires written notice based on how long the tenant has lived there or the length of the lease, whichever is longer:

Tenant has lived thereMinimum written notice
Less than 1 year30 days
1 year to less than 2 years (or a 1-year lease)60 days
2 years or more (or a lease of 2+ years)90 days

If the notice is late, the tenancy simply continues until the full notice period has passed. A short or defective notice is one of the most common reasons landlord cases get thrown out of Housing Court, which sends you back to the start.

Notice only ends the tenancy on paper. It doesn't make the tenant leave. If they stay, the next step is court (section 8). Have your attorney prepare and serve the notice; the form and method of delivery matter.

Good Cause Eviction: Does It Apply to You?

Since April 2024, New York City has been covered by the Good Cause Eviction Law. Where it applies, a landlord can't end a tenancy or refuse to renew without a reason the law allows, such as unpaid rent or a lease violation.

Most small homeowners are exempt. In NYC, the law doesn't cover:

  • Small landlords: people who own 10 or fewer units in New York State in total, counting units owned through LLCs
  • Owner-occupied buildings with 10 or fewer units
  • Units already covered by rent stabilization (which has its own, stricter rules)

So the typical Queens or Brooklyn owner of a two-family house is usually exempt. But even exempt landlords must give tenants a written notice saying whether the law applies to them, with leases, renewals and eviction papers.

Nassau County: Good Cause applies outside NYC only where a city, town or village opts in. Check whether yours has before relying on it either way.

Whether you qualify for an exemption depends on everything you own, directly and through companies. Confirm it with your attorney.

Rent-Stabilized Tenants

In NYC, rent stabilization generally covers buildings with six or more units built before 1974, so most one-, two- and three-family houses aren't stabilized. If your building is, the rules are much stricter: stabilized tenants generally have a right to renewal leases, and a sale doesn't change that.

A stabilized building with long-term tenants sells to a narrow group of buyers at a price based on the regulated rents. Get advice from an attorney who handles rent-regulated buildings before you list.

Showings, Access and Keeping Tenants Cooperative

New York has no single statewide rule for how much notice a landlord must give before entering for showings. Your lease usually controls, and reasonable advance notice at reasonable times is the norm. Tenants generally can't refuse reasonable access the lease allows, but a tenant who feels pushed can make a sale much harder.

What usually works:

  • Tell the tenant early, in writing, that you're selling and that their lease stays in force.
  • Batch showings into a few set windows instead of constant visits.
  • Offer something for the inconvenience, such as a rent credit for the showing period.
  • Be careful what you say. Retaliation against tenants who complain is illegal, and so is pressuring them to leave.

Many sellers skip showings entirely by selling to a single investor who walks through once.

Homeowner reviewing a residential lease and rent records at a kitchen table

Cash for Keys

"Cash for keys" means paying a tenant to move out by an agreed date. It's legal in New York and often faster and cheaper than court, which can take months.

  • Put it in writing: the move-out date, the amount, the condition the unit must be left in, and that payment happens when the keys are handed over and the unit is empty.
  • Handle the security deposit separately, under the normal rules.
  • Keep it voluntary. The tenant can say no. In NYC, repeated pressure after a tenant declines a buyout can count as harassment.

Have your attorney draft the agreement. A well-written one can be enforced; a handshake usually can't.

Selling a house with tenants in it?

CashForHousez can buy New York houses with tenants in place, so you don't have to empty the unit first. Request a no-obligation offer and compare it with listing the property.

Request a Cash Offer →

What If the Tenant Won't Leave?

If the notice period ends and the tenant stays, the only lawful way to remove them is a Housing Court case (in NYC) or a local court case (in Nassau), called a holdover proceeding. That can take months, longer if the tenant contests it or asks the court for more time.

Never change the locks, remove belongings, or shut off utilities. Under RPAPL §768, removing a tenant without a court order is an unlawful eviction, with civil penalties, and in NYC it can also be a crime. It also gives the tenant leverage in any later case.

If a court case is likely, many owners sell to an investor with the tenant still there and let the buyer handle it, pricing the delay into the offer.

Security Deposits and the Closing

Under General Obligations Law §7-105, when you sell, you must turn each tenant's security deposit over to the buyer at closing or within five days after, and tell the tenant by registered or certified mail who now holds it, with their name and address. Once you've done that, the buyer becomes responsible for returning it. Failing to do it is a misdemeanor, and you can stay liable to the tenant.

Since 2019, deposits for most New York residential leases are capped at one month's rent. At closing, your attorney will also adjust for rent: if the tenant paid this month's rent to you, the buyer gets credit for the days after closing.

For the full list of what comes out of your sale price, see our guide to seller closing costs in New York.

Seller and buyer at a closing table with house keys and a folder of leases

Documents Buyers Will Ask For

Have these ready before you list. Missing paperwork is one of the main reasons tenant-occupied sales get delayed (see our closing timeline guide).

DocumentWhy buyers want it
Every current lease and renewalShows the rent, end date and terms the buyer is taking over
Rent roll and payment historyShows who pays on time and who is behind
Security deposit recordsShows what must be transferred at closing
Tenant estoppel letterThe tenant confirms in writing their rent, deposit and lease terms, so there are no surprises later
Certificate of OccupancyShows whether each rented unit is legal
Any notices or court papersShows whether anything is already in motion

Check that every rented unit is legal. A basement or attic unit that isn't on the Certificate of Occupancy is a problem for the sale, and for collecting rent on it. See our guide to selling with code violations.

Section 8 tenants: the buyer can take over the lease, but the housing agency must approve a new contract with the new owner. Turning down a buyer's or tenant's voucher because of its source is illegal in New York. Let your attorney coordinate this early.

Inherited a house with a tenant in it? The tenant's rights continue after the owner's death, and the estate becomes the landlord. See our guide to selling an inherited house.

CashForHousez is a direct home buyer and may make an offer on your property. Compare any offer with your other options.

Common Questions

Selling a House With Tenants: FAQs

Can I sell my house with tenants in New York?

Yes. The buyer takes over as landlord and must honor any existing lease. Many investors specifically buy tenant-occupied houses.

Does selling the house end the lease?

No. A lease survives a sale in New York. The buyer is bound by its rent and terms until it ends.

How much notice do I have to give a tenant to leave?

For a month-to-month tenant or a lease you won't renew: 30 days if they've lived there under a year, 60 days for one to two years, and 90 days for two years or more, in writing.

Does Good Cause Eviction apply to my two-family house?

Usually not, if you own 10 or fewer units in New York State in total, or the building is owner-occupied with 10 or fewer units. Confirm with your attorney, since units owned through companies count.

Can I pay my tenant to move out?

Yes. "Cash for keys" is legal if it's voluntary and in writing. In NYC, pressuring a tenant after they decline a buyout can count as harassment.

What if my tenant refuses to leave after the notice period?

Only a court can remove them, through a holdover case. Changing the locks or cutting off utilities is an illegal eviction.

What happens to the tenant's security deposit when I sell?

You must transfer it to the buyer at closing or within five days, and notify the tenant by registered or certified mail of the buyer's name and address.

Will I get less for a house with tenants?

Often, especially if the rent is below market or the tenant is behind. But emptying the house costs time and money too, so compare what you'd keep under both options.

Final Thoughts

Conclusion: Decide Occupied or Vacant First

Every other choice follows from one question: will you sell with the tenant in place, or deliver the house empty? Selling occupied is faster and simpler but usually brings a lower price from a smaller group of buyers. Delivering vacant can bring more money, but only after the right notice, a cooperative tenant or a court case, and none of those run on your schedule.

Gather your leases and deposit records, find out whether Good Cause applies to you, and don't promise a vacant house until it is one. With an attorney handling the notices and the closing, a tenant-occupied sale is routine in New York.

Considering Selling Your Tenant-Occupied House?

Request a no-obligation cash offer from CashForHousez. We can buy with tenants in place. Compare our offer with your other options before deciding.

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