When someone lives in your house, selling it is about two things at once: the property, and a person who has a home there and an agreement with you.
A tenant’s lease, and the rules around it, do not disappear because you want to sell. In general, whether a lease can end early, continue under a new owner, or be left to run out depends on its terms and on New Jersey law, which this website has not reviewed. An attorney who handles landlord and tenant matters is the right person to ask.
Three common situations
| Situation | What to gather | Worth asking an attorney |
|---|---|---|
| The tenant stays with the house | The lease, current rent and payment record, the security deposit amount. | How the lease and deposit pass to a new owner, and what the buyer must be told. |
| The tenant is leaving anyway | The notice in writing, the move-out date, the condition of the unit. | Whether the notice you have is valid, and what happens if they stay. |
| You want the tenant to leave for the sale | The lease end date and any renewal terms. | What you are allowed to ask, and what you are not. Do not pressure a tenant. |
What a buyer will want to know
- Who lives there, how many units there are and which are rented.
- The rent for each unit, and whether the rent is paid on time.
- When each lease ends, and whether any is month-to-month.
- Any repairs the tenant has asked for, and whether they were done.
- How to arrange a visit, because a tenant is generally entitled to proper notice before anyone comes in.
Treat the tenant as a person
Tell the tenant what is happening before they hear it from someone at the door. A tenant who understands that their lease is respected and that visits will be arranged is more likely to cooperate, and a calm tenant makes the house easier to sell.
Never enter the unit without proper notice, and never change the locks, remove belongings or cut utilities to move things along. These can be unlawful, and they can end a sale before it begins.
What to say in your request
Say plainly that the house is tenant-occupied, how many units are rented, when the leases end and whether the tenants know about the sale. That lets a buyer decide whether this is a house they can take on.
If the building also needs work, see selling a house that needs repairs. For the common questions about requests, the FAQ covers what happens to your details.