HomeAdviceBuyingIs it risky to buy a FSBO home with renter living in it?
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Is it risky to buy a FSBO home with renter living in it?

Looking at a for sale by owner property but the owner's adult son is still living there. They say he will move out when we close but I'm afraid it might be risky since he isn't really a part of the sale. Any advice?

Asked by Miguel C | Kissimmee, FL| 03-08-2024| 625 views|Buying|Updated 2 years ago

Answers (2)

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Kevin Neely

Keller Williams Realty Elite Partners · Spring Hill, FL

(76 reviews)
Yes, buying a FSBO (for sale by owner) property with an existing tenant does carry real risks, and Florida landlord-tenant law adds specific layers you need to understand before closing. In Hernando Beach and throughout Hernando County, Florida, tenant-occupied properties require the buyer to honor existing lease agreements after purchase. Florida law does not allow you to simply remove a tenant because the property sold. You inherit the lease, the security deposit obligations, and any existing landlord-tenant disputes along with the deed. The FSBO factor compounds the risk because there is no listing agent whose license is on the line to ensure disclosures are complete. Request the full lease agreement, deposit accounting records, any written notices between the landlord and tenant, and a current rent roll before making an offer. Have a Florida real estate attorney review the lease and confirm the deposit transfer process at closing is handled correctly. Your offer should also include a clause requiring the seller to provide a tenant estoppel letter confirming lease terms directly from the renter. Kevin Neely & Kaitlynd Robbins | K2 Sells, Keller Williams Elite Partners
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04-15-2026 (2 weeks ago)··
John DeanRising Star11 Answers
John Dean

Engel & Volkers · Boston, MA

(86 reviews)
There are several issues. What if the renter does not leave ? What if they are in a lease ? What if damage is done at the end of the lease. Way to many issues to proceed without proper caution and documentation on the situation
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03-30-2024 (2 years ago)··
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