Can I sell my property if it’s currently rented out?
Short answer: Yes, you can sell your property even with a tenant in place. An active lease does not prevent a sale. But there’s a mandatory procedure: the tenant must be formally notified and has a right of first refusal for 30 days. Once the sale closes, the tenant has 90 days to move out.
What the law says
Brazil’s Tenancy Law (Lei do Inquilinato, Law 8.245/91) allows a property to be sold while a lease is in effect, but it guarantees the tenant two fundamental rights: the right of first refusal to buy (art. 27) and a 90-day period to move out after the sale (art. 8).
How it works in practice — step by step
- Formal notice: Regente’s lease termination team (Bruno) sends the tenant a letter stating the intent to sell and the terms being offered (price, payment method). Notice must be in writing, with proof of receipt.
- 30-day window: The tenant has 30 days to state interest in buying the property under the same terms. If they don’t respond or decline, they lose the right of first refusal.
- Formal waiver: If the tenant isn’t interested, Regente collects a written waiver of the right of first refusal. Once that’s done, showings to other buyers can begin without restriction.
- Sale to a third party: The process proceeds as usual — listing, showings, offer, contract, deed.
- Move-out deadline: After the sale is recorded on the property’s title (matrícula), the tenant has 90 days to leave. This period is guaranteed by law and cannot be shortened unilaterally by the new owner.
- Rent during the transition: From the point of full payment or title registration, rent payments go entirely to the new owner. The new owner must notify the real estate agency of the transfer.
What if the tenant wants to buy?
If the tenant exercises the right of first refusal and decides to buy the property, the entire process (commission, documentation, follow-through) is still handled by Regente. The brokerage arrangement doesn’t change just because the buyer is the tenant.
Can showings happen before the waiver?
No. Before the formal waiver or the expiration of the 30-day window, the property cannot be shown to other buyers. The tenant has a right to privacy in the property they occupy — the owner cannot enter without consent to conduct showings.
Is a rented property less attractive to buyers?
Not always. Many buyers, especially investors, actually look for properties that are already rented — immediate income is an appeal. The catch is timing: buyers who want to move in themselves will need to wait the 90 days after the purchase.
Practical example
An owner in Itacorubi decided to sell an apartment with an active lease. Regente notified the tenant. After 30 days with no response, the waiver letter was signed. The property was opened for showings: an interested buyer (an investor) closed the deal in 3 weeks. The deed was executed. The tenant received the 90-day period and moved out on day 75. The owner kept collecting rent until the end of the lease, and the commission was only charged once the sale was finalized.
Related questions
- How does the property sale process work at Regente?
- What is the real estate agency’s commission on a property sale?
- What is the move-in/move-out inspection, and why does it matter?
Is your property rented out and you want to sell it? Talk to Regente — we handle the whole process.