Maggie Real Estate Group

Landlords & investors

Selling a rental property to your current tenant.

When rent no longer covers the mortgage, or a long-term tenant asks to buy, a direct sale can be the cleanest exit — no vacancy, no turnover cost, no staging. It is also the transaction where owners most often skip the paperwork because the parties know each other. This hub keeps the friendliness and adds the structure.

Landlord and tenant shaking hands in the doorway of a rental home

Quick answer

Selling to your tenant works like any sale, with three additions. Establish market value independently — an appraisal or broker price opinion — so the price is defensible to a lender and to family later. Handle the lease explicitly: it survives the sale, so the purchase and sale agreement should state how the lease, security deposit and prepaid rent are terminated or credited at closing. Then plan the tax side: depreciation taken over the years is recaptured on sale, a 1031 exchange is unavailable if you simply cash out, and an installment sale can spread gain across years but not the recapture.

No vacancy

The main economic advantage of selling to a sitting tenant

Recapture

Depreciation taken is taxed on sale, separate from capital gain

Lease survives

A sale does not end the tenancy by itself

Questions this hub answers

  • selling rental property to current tenant
  • can i sell my rental to my tenant
  • installment sale capital gains tax
  • depreciation recapture when selling a rental
  • how to handle a lease when selling

Running the sale properly

  1. 01

    Set the price with independent evidence

    An appraisal or broker price opinion protects both sides. Below-market pricing between unrelated parties is allowed, but the lender still underwrites to value and the number should be documented.

  2. 02

    Confirm the tenant can actually finance it

    Ask for a lender pre-approval before taking the property off the market mentally. A verbal 'we want to buy it' has cost many owners an entire selling season.

  3. 03

    Deal with the lease and the deposit in writing

    State in the agreement how the lease ends at closing, how the security deposit and any prepaid rent are credited, and who handles utilities and prorated rent on the closing date.

  4. 04

    Decide cash sale, seller financing or installment sale

    Seller financing can bridge a tenant who is close but not bankable. An installment sale spreads capital gain over the years you receive payments — but depreciation recapture is generally due in the year of sale.

  5. 05

    Close through escrow with full title work

    Familiarity is not a substitute for title insurance, a payoff statement and a recorded deed. Escrow also handles the excise tax affidavit and the prorations neatly.

Ways to structure the sale

StructureHow it worksTrade-off
Straight cash saleTenant obtains a mortgage; you receive proceeds at closingSimplest; full gain and recapture in one tax year
Seller financingYou hold a note secured by the propertyIncome stream and buyer flexibility; you carry default risk
Installment salePayments spread over years, gain reported as receivedSpreads capital gain; recapture generally due up front
1031 exchangeProceeds roll into another investment propertyDefers gain; strict identification and closing deadlines
Rental property financial statements and keys on a desk

Checklist

Documents and decisions before closing

  • Appraisal or broker price opinion establishing market value
  • Written lender pre-approval from the tenant-buyer
  • Purchase and sale agreement addressing lease termination and deposit credit
  • Security deposit accounting and any prepaid rent reconciliation
  • Basis worksheet: purchase price, capital improvements, depreciation taken
  • CPA review of recapture, capital gain and any installment sale terms

Selling to a tenant — questions owners ask

Do I still need a broker if the buyer is already found?

You need the contract, disclosures, timelines and escrow handled correctly; a broker can be engaged at a reduced scope for exactly that. The risk in a friendly sale is procedural, not finding a buyer.

What happens to the lease at closing?

A lease runs with the property, so it does not end automatically. When the tenant becomes the owner the tenancy merges, but the agreement should still say so explicitly and settle the deposit and prorated rent.

Can I do a 1031 exchange when selling to my tenant?

Yes, if you are exchanging into another qualifying investment property and follow the identification and closing deadlines with a qualified intermediary set up before closing. You cannot decide after the funds hit your account.

Is an installment sale a way to avoid tax?

No — it spreads capital gain across the years you receive payments, which can reduce the rate applied in a single year. Depreciation recapture is generally taxed in the year of sale regardless. Confirm the specifics with your CPA.

Related reading

Other topic guides

Tenant asking to buy your rental?

We will value the property, structure the agreement and coordinate escrow — so a friendly deal stays friendly and still closes correctly.

Talk to our team