The short version
- Yes, you can sell with tenants in place. A sale doesn't cancel a lease, and the new owner takes over as landlord with the same duties.
- Since November 1, 2026, Philadelphia landlords need good cause to end any lease when it expires. The law lists a sale as good cause only when the buyer will live in the unit, with paperwork and at least 60 days' notice.
- In New Jersey, a sale isn't a reason to evict. The narrow exception is a building with three units or fewer sold to a buyer who'll live there.
- Security deposits go to the new owner. New Jersey requires the handoff within five days of the deed, plus a registered or certified letter to each tenant.
- Section 8 payments move to a new owner only with the housing authority's written consent.
- Selling several rentals at once? Here's how to sell your rental properties to us, tenants and all.
Can I sell my house while tenants live there?
Yes. At Vivid Properties, we buy rentals with the tenants in place, and the law keeps the lease going whoever owns the house.
In Pennsylvania, anyone who buys a property takes on the same duties, rights and remedies as the seller (Landlord and Tenant Act, Section 104), and Philadelphia's code says a sale doesn't change the new owner's duty to follow the city's tenant rules. In New Jersey, the Anti-Eviction Act protects most tenants no matter who owns the building.
So the real question is who buys, and when. Someone who keeps renting takes over your leases. Someone who wants to move in may have to wait, and sometimes can't remove the tenant at all.
What happens to the lease after the sale?
The lease stays in force, with the new owner as the landlord. What changes from place to place is what happens when the lease term ends.
| Where the rental is | Can the owner decline to renew? | Can the sale be the reason? | Notice |
|---|---|---|---|
| Pennsylvania outside Philadelphia (Delaware, Bucks and Montgomery counties) | Yes, at the end of the term. State law doesn't require a reason. | Not needed | 15 days for a lease of one year or less, 30 days if longer, unless the lease sets a different period |
| Philadelphia, since November 1, 2026 | Only with good cause, for a lease of any length | Listed only when the buyer will live in the unit, with the documents below | At least 60 days. Without proper notice, the lease renews month to month. |
| New Jersey, most rentals | Only for a reason listed in the Anti-Eviction Act | Only for a building of three or fewer units, sold to a buyer who will live there, under a contract calling for the unit to be vacant at closing | Two months, and no court case until a written lease expires |
| New Jersey, owner-occupied with two or fewer rental units | Yes. The Anti-Eviction Act doesn't cover these buildings. | Not needed | A court order is still required. One month for a month-to-month tenant, three months for year-to-year. |
Philadelphia: the new good-cause rules
Philadelphia's good-cause rule used to cover only leases shorter than one year. Bill No. 250330-AA, signed May 7, 2026, extended it to every lease as of November 1, 2026. The city's examples of good cause include habitual late rent, serious lease violations, and the owner or an immediate family member moving in. A sale counts only if all three of these are true:
- You give the tenant a copy of a signed, arm's-length agreement of sale that names the buyer.
- The buyer signs a statement that they'll move in as their main home within 90 days of closing and won't rent it out.
- You give the tenant at least 60 days' written notice of non-renewal, with both documents attached.
Selling to an investor, or wanting the house empty so it sells for more, isn't on the list. Tenants can file with the Philadelphia Fair Housing Commission or go straight to court. A court can award damages, including $1,000 per violation, and can suspend the landlord's rental license, and no rent can be collected while it's suspended. Tenants can't sign these protections away in a lease.
New Jersey: the Anti-Eviction Act
The act covers most New Jersey rentals, including single-family houses. A landlord needs one of the reasons listed in the law to evict or refuse to renew, and selling isn't one of them. The narrow sale exception is in the table. A buyer who uses it and then, without good reason, rents the unit to someone else instead of living there for at least six months can owe the former tenant three times their damages plus legal fees.
Owner-occupied buildings with two or fewer rental units, like a duplex where you live in one unit, fall outside the act. Those tenants can still be removed only by a court order, but the end of the lease can be the reason.
What happens to my tenants' security deposits?
They move with the building, so you don't refund them when you sell. Before you sign the agreement of sale, write down each tenant's deposit, where it's held and any interest owed, so the money goes to the new owner at settlement. It helps to have each tenant sign a short statement confirming the rent, deposit and lease dates.
Pennsylvania
- Deposits are capped at two months' rent in the first year of a lease and one month's rent after that.
- Once a deposit over $100 has been held for two years, it has to sit in a bank escrow account, and the tenant earns the interest, minus a fee of 1% of the deposit per year.
- At move-out, the landlord has 30 days to return the deposit with a written list of any damages, or loses the right to keep any of it and can owe double.
- The buyer takes on your duties under Section 104, so hand the deposits over at settlement. Telling each tenant in writing who holds their money now is good practice.
New Jersey
- Deposits are capped at one and a half months' rent.
- The seller has to turn over the deposits and the tenants' interest within five days of delivering the deed, and tell each tenant by registered or certified mail the name and address of the new holder.
- Whether or not the seller hands the money over, the buyer becomes responsible for the deposit and its return, and has to send its own deposit notice within 30 days of buying.
- Owner-occupied buildings with two or fewer rental units are exempt, unless the tenant asks in writing to be covered.
- The new owner files its own landlord registration within 20 days (with the town clerk for one or two units, or with the state for three or more), gives each tenant a copy within seven days, and can't get an eviction judgment until it does.
- A sale with tenants in place doesn't trigger a new lead-safe inspection, but the seller has to give the buyer the state's lead rules and any lead-safe certificates.
Which Philadelphia landlord rules matter when I sell?
A handful, and most of them land on the new owner. When we buy, the license, the paperwork going forward and any open violations become our job. Here's what to hand over and what to know.
- Rental license. L&I rental licenses aren't transferable, so the new owner closes yours out and applies for a new one. The fee is $69 per unit, renewed yearly, and the owner needs no open L&I violations and current City taxes. Open violations become the new owner's job, and that shows up in the price.
- Lead-safe or lead-free certification. A rental built before March 1978 needs one to get a rental license. A lead-safe certificate lasts four years and a lead-free certificate doesn't expire. Tenants get a copy when they sign a lease. A landlord without a valid certificate can't collect rent or evict for that period. Hand your certificates and test reports to the new owner.
- Tenant paperwork. New tenants have to get a Certificate of Rental Suitability from L&I, issued no more than 60 days before the lease starts, and the city's Partners in Good Housing guidebook. L&I's own page also asks for a new certificate when a lease is renewed. Pass along copies.
- License timing. The new owner can't apply for its own rental license until closing, because L&I doesn't accept an agreement of sale as proof of ownership. City guidance says rent can't be collected without a valid license, so when we buy, we apply right after closing.
- Eviction Diversion Program. Before most evictions in Philadelphia, the landlord has to send the City's Notice of Diversion Rights and take part in the Eviction Diversion Program. Since November 1, 2026, sending that notice also requires good cause.
- No pressure. The new law makes it unlawful to push a tenant to move out, including entering without a reasonable justification or without 24 hours' notice for non-emergency repairs.
What if my tenant has a Section 8 voucher?
You can sell, and we buy with Section 8 tenants in place. The voucher payments just don't move to a new owner on their own. The housing authority pays part of the rent straight to the landlord under a Housing Assistance Payments (HAP) contract, and HUD's standard contract says it can't be assigned to a new owner without the housing authority's prior written consent.
The new owner also has to agree in writing to be bound by it, and when we buy, we sign to take it over.
- The authority won't approve a buyer who is the parent, child, grandparent, grandchild, brother or sister of anyone in the tenant's family, apart from a narrow disability exception. It can also refuse a buyer with unpaid real estate taxes, a history of renting units that fail housing codes, or past HAP violations.
- Federal rules allow ending a voucher tenancy for a business reason, like a sale, only after the initial lease term, never during it. HUD's lease addendum says stricter state and local law still applies.
- Any eviction notice also has to go to the housing authority, and only a court can order a voucher tenant out.
- In Philadelphia, call PHA's Housing Choice Voucher Owner Services at 215-684-3875. In South Jersey, the voucher may come from the state DCA program or a county or local housing authority, as the tenant's paperwork will show.
If the new owner doesn't give the housing authority a written agreement to follow the HAP contract, HUD's guidebook says the contract ends on the day ownership changes. Call as soon as you sign an agreement of sale, so there's time to get the new owner approved before closing.
Selling a duplex, triplex or quad: what's different?
A few extra papers and a unit count that has to match the city's records. We buy 2 to 4 unit buildings and bigger apartment buildings too, so none of this rules out a sale.
- Disclosure. Pennsylvania's seller disclosure law covers one to four units, so you owe the buyer a disclosure statement unless an exemption applies. Our guide to selling as-is explains it.
- Legal unit count in Philadelphia. One rental license covers all units at an address, but the fee is per unit. L&I says a new owner of a multi-family building has to prove the use is legal, for example with a zoning permit and certificate of occupancy that match the number of units. Records are on atlas.phila.gov. A house rented as three units but approved for two is a problem for any buyer.
- New Jersey owner-occupancy. The sale exception covers only buildings with three residential units or fewer. If you live in one unit of a two- or three-family house, the Anti-Eviction Act and the Security Deposit Law may not apply.
- New Jersey multiple dwellings. Buildings with three or more units are inspected by the state DCA's Bureau of Housing Inspection, and tenants have to allow access for inspection and maintenance on reasonable notice, normally one day.
- Lead records. For a pre-1978 building, the federal lead disclosure rule covers the records you have for common areas and other units too.
How do I tell my tenants and show the property?
Tell them early, in writing, and make every visit easy on them. When you sell to us, it's usually just our visits, planned around your tenants.
- Read the lease. Check what it says about entry and showings. New Jersey's state guidance says no law makes a tenant allow showings for a sale, so the lease should cover it.
- Send a short letter. Say you plan to sell, the lease stays in force, who holds the deposit, and that you'll give notice before visits. No threats or hints that they have to move.
- Give notice before every visit. Agree on times in writing. In Philadelphia, entering without a reasonable justification can count as unlawful interference.
- Keep visits few. Ask everyone who needs to see the house to come on one visit.
- Run the building normally until settlement. Collect rent, make repairs and follow the lease. Steady rent and clean records are worth money when you sell.
What is "cash for keys," and is it allowed?
It's a deal you make with your tenant: you pay them to move out by an agreed date, and they hand back the keys. It has to be voluntary and in writing, and the tenant can say no without any penalty. If you sell to us, you don't need one, because we buy with the tenants in place.
A fair agreement covers the move-out date, the amount, when it's paid (usually when the keys come back and the unit is empty), the security deposit, any rent forgiven, the unit's condition, and signatures from every adult on the lease. Give the tenant time to read it and get advice.
Never use pressure. Lockouts, changing the locks and shutting off utilities are illegal in Philadelphia and New Jersey. New Jersey's guidance says a landlord can get a unit back only with the tenant's consent or through a court eviction. Philadelphia's new rules ban pushing a tenant to leave and say tenants can't waive their protections by contract, so talk to a Philadelphia attorney before offering cash for keys.
What are my options for selling a rental with tenants?
You can list it with the tenants in place, wait for the lease to end, offer it to your tenant, sell it to us, or keep it with a manager. Compare written numbers before you decide.
| Option | Works well when | Trade-offs |
|---|---|---|
| Sell with tenants in place, listed with an agent | Rents are near market and your records are clean | Fewer buyers, since people who want to live there need it empty. Showings depend on your tenants. |
| Wait for the lease to end, then sell vacant | The lease ends soon and you can legally decline to renew | In Philadelphia and most of New Jersey, a lease ending may not get you the unit back. Months of carrying costs and turnover repairs. |
| Offer the house to your tenant | Your tenant wants to buy and can get a mortgage | No showings, but the deal depends on their financing. Use a written contract with a deadline. |
| Sell it to us with the tenants in place | Rent is behind, repairs are piling up, or you want to pick the closing day | Our price is usually less than a repaired, empty house could bring, because we take on the repairs, the tenants and the risk. No repairs, commissions or repeated showings. |
| Keep it and hire a property manager | You want the income without the phone calls | Management fees, and you still carry repairs and vacancies |
See how we calculate our offer for the math behind our number, and read how to check any cash buyer, us included, before you sign with anyone.
Hear from landlords who sold to us
Jerril, a tired landlord from Germantown, and Greg, a tired landlord from Mayfair, both sold to us. Read more about Germantown on our Germantown page.
How can Vivid help?
At Vivid Properties, we're a local, family-owned real estate investment company, and we buy single rentals and whole rental portfolios of any size, from one rowhome to apartment buildings, for cash, as-is, in Philadelphia, its Pennsylvania suburbs and South Jersey. We buy with the tenants in place, including Section 8 tenants and tenants who are behind on rent. The leases and deposits come to us at settlement, and we follow the landlord rules that come with them.
You'll get a fair cash offer, usually within 24 hours, with no agent commissions and no fees from us, and you pick the closing day. We pay all the closing costs, and your written offer shows exactly what you walk away with before you sign. If listing with an agent would put more money in your pocket, we'll tell you. No pressure either way.
Get my cash offer Text or call (267) 551-5554
Frequently asked questions
Can a landlord sell a house with tenants still living there?
Yes, and we buy rentals with the tenants in place. A sale doesn't end the lease in Pennsylvania or New Jersey. The new owner becomes the landlord with the same duties, and the tenants keep their lease and deposits. What the new owner can do when the lease ends depends on local law.
What are tenants' rights when a landlord sells in Pennsylvania?
The lease continues and the buyer takes on the seller's duties, including returning deposits. In Philadelphia, since November 1, 2026, the buyer also needs good cause to end any lease when it expires, and the law lists a sale as good cause only for a buyer who will live there, with at least 60 days' notice.
Can the new owner evict my tenants after a sale in New Jersey?
Not because of the sale. Selling isn't a reason listed in the Anti-Eviction Act. The exception is a building of three units or fewer sold to a buyer who will live there, with two months' notice and only after a written lease ends.
Is it harder to sell a house with tenants?
Not when you sell to us, since we buy with the tenants in place. If you list it, it often is: people who want to live there need it empty, and showings depend on your tenants. A good tenant paying fair rent, with clean records, is exactly what a landlord wants to buy.
Do I give the security deposits back when I sell?
No. They go to the new owner, who returns them at move-out. In New Jersey, turn them over within five days of delivering the deed and notify each tenant by registered or certified mail. In Pennsylvania, credit them to the new owner at settlement and tell tenants in writing.
Can I sell a house with a Section 8 tenant?
Yes, and we buy with Section 8 tenants in place. The lease continues, but the housing authority has to consent in writing before the HAP contract moves to the new owner, and the new owner has to agree in writing to be bound by it. A sale can't end a voucher tenancy during the initial lease term.
This guide is general information, not legal or tax advice. For your situation, talk to a Pennsylvania or New Jersey attorney or tax professional.
Sources
- Pennsylvania General Assembly: Landlord and Tenant Act of 1951 (Sections 104, 501, 511.1, 511.2 and 512)
- Philadelphia City Council: Bill No. 250330-AA, enacted and signed May 7, 2026
- Certified text of Philadelphia Bill No. 250330-AA (amends Philadelphia Code Section 9-804; effective November 1, 2026)
- Philadelphia Fair Housing Commission: Unfair rental practices (examples of good cause)
- Philadelphia Bill No. 240245 (Eviction Diversion Program), certified copy
- Philadelphia Municipal Court: Notice of Diversion Rights
- City of Philadelphia: Get a Rental License
- City of Philadelphia: Rent your property long-term
- Philadelphia L&I: Rental License FAQ
- City of Philadelphia: Submit lead certification and inspection reports
- Philadelphia Bill No. 180936-A (lead certification), certified copy
- City of Philadelphia: Get a Certificate of Rental Suitability
- New Jersey DCA: Truth in Renting guide
- New Jersey DCA: New Jersey Eviction Law, N.J.S.A. 2A:18-53 to 2A:18-84
- New Jersey DCA: Landlord Identity Law (registration), N.J.S.A. 46:8-27 and following
- New Jersey DCA: Lead-based paint inspections in rental dwelling units
- New Jersey DCA: Security Deposit Bulletin (revised July 2025)
- HUD: Housing Choice Voucher Program Guidebook, HAP Contracts chapter
- HUD: Housing Assistance Payments Contract, form HUD-52641 (Part B, Section 14, and the Tenancy Addendum)
- 24 CFR 982.310, Owner termination of tenancy (Housing Choice Voucher program)
- HUD: Housing Choice Voucher tenants
- Philadelphia Housing Authority: Landlords
- New Jersey DCA: Section 8 Housing Choice Voucher program
- Pennsylvania General Assembly: Title 68, including the Real Estate Seller Disclosure Law (Chapter 73)
- U.S. EPA: Real estate disclosures about potential lead hazards

