Can I sell while tenants are still living there?

Yes. The lease transfers with the property, and occupied rentals are a normal, sought-after investor purchase.

Do I have to evict tenants before selling?

No — and you shouldn't try to force them out to sell. Many buyers prefer a paying tenant in place. Selling subject to the lease is standard.

What happens to the security deposit?

It transfers to the new owner at closing and stays the tenant's money. Keep clean records; buyers and attorneys will want them.

My tenant stopped paying — can I still sell?

Yes. Difficult or non-paying tenancies are a known situation experienced buyers price for. Be transparent; you don't have to resolve it first.

Do tenants have to allow showings?

Reasonable access with proper notice is the general rule, but an as-is sale often needs only one walkthrough, minimizing disruption.

Selling a rental with tenants in Clifton Park — done right, and legally.

Selling a tenant-occupied rental feels complicated, but it's one of the most routine transactions in real estate. The lease, the rent roll, and the tenants' rights all come along for the ride — and for many buyers, that's exactly what they want.

The two questions that matter: what the property is worth given its current rents and condition, and how to sell without stepping on New York's tenant protections.

What to know in New York

In New York, a lease generally survives the sale — the new owner takes the property subject to the existing tenancy, and the tenant keeps their rights through the lease term. You cannot pressure a tenant out informally to make a sale easier; improper removal attempts create serious legal exposure.

Bring your lease terms, rent roll, and security deposit records to the table early — buyers underwrite an occupied rental on those numbers, and security deposits transfer to the new owner at closing. A current, well-documented tenancy can make the property more attractive, not less.

Your options

Three common paths. There's no wrong answer — only the one that fits your situation.

Sell as-is, tenants in place

Investor buyers take over the existing lease and rent roll. No turnover, no vacancy gap, no renovation between tenants — the cleanest exit.

Sell at lease end

If a lease is ending naturally, a vacant unit can be refreshed and listed to retail buyers, often at a higher price — at the cost of carrying it empty.

Light refresh and list

For a well-located property in decent shape, the retail route may net the most. The report compares your realistic numbers under each path.

Build Your Home Selling Plan

Start with current condition, then compare preparation, timing, costs, and estimated net proceeds across the relevant selling paths.

Related guidance

These are the primary guides and resources most helpful for this situation. Read the cornerstone first, then use the supporting pages for specific decisions.

The complete guide to selling a house as-is

Explore local selling information

Compare condition-based selling options across nearby Capital Region markets. Each page covers local housing considerations for this kind of situation.

Or start with an informational property estimate to see a condition-based value range before choosing a path.

Frequently asked questions

Build Your Home Selling Plan

Start with current condition, then compare preparation, timing, costs, and estimated net proceeds across the relevant selling paths.