Discover the ultimate guide to selling your tenant-occupied house in New York, featuring expert tips, strategies, and local insights for a successful sale. Can you sell your rental property where tenants are currently living?It depends on your lease agreement and what you're able to negotiate. Read your existing rental agreement with your old landlord. The new landlord must honor it. If the tenant named in the lease moves out, the remaining occupant has no right to continue in occupancy without the landlord's express consent. This free and easy program will ask you questions and make papers for a residential nonpayment petition or written rent demand to start a nonpayment case. Most standard real estate sale contracts contain a clause requiring that the property be conveyed vacant and free of tenants. Lease considerations. The type of lease agreement you have with your tenant will in part determine their rights when you sell the property.