Sell · Dallas–Fort Worth

Can I sell my DFW rental with tenants in it? Keep the lease, skip the showings

Yes, you can sell a Dallas–Fort Worth rental with the tenants still living there. The buyer becomes the landlord, takes over the security deposits and has to tell each tenant so in writing (Property Code §92.105). RESE buys occupied rentals as-is, with the lease and deposits transferred at closing, so nobody has to move out first. Three written numbers come within 24 hours.

What happens to the tenants when you sell

The tenants stay, and the lease keeps running unless it says a sale ends it. What changes is who the landlord is.

Item What happens at closing The rule
The lease The buyer steps in as landlord for the rest of the term Read your lease for any sale clause
Security deposits The buyer becomes liable to return them from the day it takes title, and must give each tenant a signed statement with the exact amount §92.105(a), (b)
Your liability for deposits You stay liable for deposits you collected until the buyer receives them or assumes the liability, unless a written contract between you says otherwise §92.105(b-1)
Rent for the month of closing Prorated between you and the buyer on the closing statement Your contract

So bring the lease, the rent roll and the deposit amounts to the table. Those three documents are most of what a buyer of an occupied rental needs.

Your options, side by side

Path What it takes When it usually wins
Cash, tenants in place No showings and no move-out; we take over the lease The tenants are fine but you’re done being a landlord, or the house needs work
List it occupied Showings on whatever notice your lease allows, and a buyer willing to inherit the tenant Another investor would pay retail for the rent
List it vacant Wait out the lease or agree on a move-out, then make it ready The house shows well empty and a homeowner buyer will pay the most
Creative: fix-then-list We front the make-ready after the tenants leave It needs work once it’s empty

Cash is the lowest number. The sheet shows how much lower, next to what the vacancy, the make-ready and the months of carrying it would cost you to get the list price.

What we handle

We buy with the tenant in place, so you don’t have to ask anyone to move or let strangers through their home. We read the lease, take the deposits at closing, and send the tenants the signed statement Texas requires. If the tenant is behind on rent or the house needs repairs you’ve been putting off, tell us. We price the house as it is.

Questions landlords ask

Can I sell my rental house before the lease ends?

Yes. A sale doesn’t end the lease unless the lease says it does. The buyer takes it over. Selling to someone who wants it vacant before the lease ends means negotiating an early move-out with the tenant.

Do I have to tell my tenants I’m selling?

Your lease decides how much notice you need before showings or entry. After closing, the new owner has to give each tenant a signed statement that it’s responsible for the deposit and the exact amount (§92.105(b)).

What if my tenant isn’t paying?

We still buy. Tell us how far behind they are and whether you’ve filed anything, and the sheet will account for it.

Will I owe tax on the sale?

Ask a CPA. The home-sale exclusion of up to $250,000 of gain generally needs you to have owned the house and lived in it as your main home for two of the last five years (IRS Publication 523), so a long-term rental usually doesn’t qualify.

Should I keep renting it instead?

Run the numbers first. In Dallas, a $300,000 rental pays about $6,680 a year in property taxes before insurance, repairs or vacancy; What 2% a year does to a rental has the math for six DFW cities.

A real one

A real rental with tenants sale RESE closed: area, timeline, repair estimate against the offer (J.D. supplies)

Sources

  1. Tex. Property Code §92.105 — security deposits when the owner's interest ends by sale
  2. Texas State Law Library — My landlord sold the property. Can the new owner kick me out or change the lease?
  3. TexasLawHelp.org — The property I'm renting changed ownership. Now what?
  4. Texas State Law Library — Can my landlord enter my rental property without permission?
  5. IRS Publication 523 — Selling Your Home (the two-out-of-five-years rule)
  6. Texas Real Estate Commission, One to Four Family Residential Contract (Resale), TREC 20-19 (PDF)

General information, not legal or tax advice. Laws and rates change; the sources above are the authority.

Cash · List · Creative

Get the three numbers for your house.

Two minutes of questions, then three written numbers within 24 hours. J.D. texts back the same day, usually within the hour.