Yes, you can sell a Richmond-area house with a tenant in place. A sale doesn't end the lease by itself, and the buyer generally takes the property subject to that lease. Virginia law covers showings, security deposits, and notice of the sale. Confirm the lease and the timeline with a Virginia landlord-tenant attorney before you list.
This guide is for landlords selling in Henrico, Chesterfield, or the City of Richmond, including neighborhoods such as East Highland Park. It isn't a guide to buying a tenant-occupied rental, and it isn't legal advice.
Can you sell a house in Virginia with a tenant in it?
You can. The existing lease usually stays in place when title changes, unless the lease itself, a court order, or a written agreement with the tenant says otherwise. Virginia's landlord-tenant act also carries some duties over to the buyer. The sale-notice duties in Va. Code 55.1-1216(D) bind a successor owner. Under Va. Code 55.1-1226(E), whoever holds the landlord's interest when the tenancy ends must return any deposit owed. Have a Virginia real estate attorney confirm how the lease binds the buyer on your file.
Review the lease first: is it month-to-month or fixed-term, when does it end, is the tenant current, and what does it say about access, early termination, or sale? A lease ending within 60 to 90 days of your target list date often opens different options than one with many months left. That's general practice, not a legal deadline.
For tenancies covered by the Virginia Residential Landlord and Tenant Act, the showing, deposit, and sale-notice sections cited below apply in Henrico, Chesterfield, and the City of Richmond. Some residential arrangements are outside the Act. Confirm coverage with your attorney before you rely on a particular section.
A month-to-month tenancy and a fixed-term lease ending soon can support either an occupied sale or a planned vacant delivery, if you and the tenant agree in writing and you follow lawful notice. A lease with many months remaining usually points toward an occupied sale, a buyer who will keep the tenant, or a negotiated early end that an attorney reviews first.
Sell occupied, or wait for the lease to end?
Use the facts on the file, not a rule of thumb.
| Factor | Selling with the tenant in place | Waiting for vacancy |
|---|---|---|
| Buyer pool | Often investors who will underwrite the rent and the remaining term | Owner-occupants and investors who want a vacant delivery |
| Showings | Notice and tenant cooperation limit access | Easier access, if the home is empty and ready |
| Income | Rent can continue through closing | You may carry the home with no rent |
| Timing | The remaining term and any move-out date have to be in the contract | You wait for lawful vacancy, then list |
Investor buyers look at rent, lease terms, payment history, and condition. Owner-occupants need a realistic vacancy date. Don't quote a standard price discount. Price from current sales and rent comparables. See our 2026 pricing guide and, for investor-buyer context, our investment guide. Some rented homes also sell as-is.
In East Highland Park and similar City of Richmond or Henrico streets, a rented house can draw both pools. What changes the sale is usually the remaining term, how showings will work, and whether the buyer will occupy the home or keep it as a rental. The same questions apply in Chesterfield neighborhoods and in other City and Henrico pockets.
What Virginia law says about showings
Va. Code 55.1-1229(A)(1) and (A)(4) say the tenant shall not unreasonably withhold consent for the landlord to enter to exhibit the dwelling unit to prospective or actual purchasers. Except in an emergency, or if it's impractical, the landlord shall give the tenant notice of intent to enter and may enter only at reasonable times.
The 72-hour notice in that section is for routine maintenance the tenant didn't request. Don't treat it as the showing-notice rule. Follow the notice the lease and 55.1-1229 require, and set up a written showing schedule with the tenant: days, time windows, how notice will be sent, and how keys will be handled. Clear notice given early usually works better than last-minute requests. If the tenant withholds access, document it and talk to an attorney. Don't work around lawful tenant protections.
Security deposits and the tenant's notice of sale
At transfer, Va. Code 55.1-1213 requires the current owner to transfer security deposits and any accrued interest in the owner's possession to the new owner. If a managing agent holds the funds, the statute sets a written-notice path so the deposits move at settlement and each tenant is told they were transferred.
Va. Code 55.1-1216(B) requires the landlord, on a sale, to notify the tenant of the sale and disclose the purchaser's name and address and a telephone number at which the purchaser can be located. The statute doesn't set a separate hour count for that notice. Keep the information current.
Before you go under contract, gather a rent roll, the lease and any amendments, deposit records, payment history, and, when a buyer or attorney asks for one, an estoppel letter signed by the tenant. Those documents save time during due diligence. Buyers and their lenders will usually ask to see the current lease. For other seller-disclosure questions, see our Virginia seller disclosure guide.
Taxes and carrying cost by locality
If you keep the rental through a tax due date, the local tax rate is part of the carrying cost.
| Locality | 2026 real estate tax rate (per $100 of assessed value) |
|---|---|
| Henrico | $0.83 |
| Chesterfield | $0.89 |
| City of Richmond | $1.20 |
On a $400,000 Chesterfield assessment, $0.89 per $100 equals $3,560 a year. Confirm the current bill with the locality. See our property tax rates by county and our property tax appeal guide.
Closing logistics
Plan the settlement around a tenant who still lives there. Typical items include prorated rent, transfer of the security deposit and interest, key and access handover, utility and mail changes, and a final walk-through that respects the tenant's notice and privacy rights. Put possession, rent, and deposit handling into the purchase contract, not into a verbal side deal.
The listing and the contract should state that the sale is occupied, attach or identify the current lease, and set who collects the next rent, who pays any credit or debit for the deposit, and when keys change hands. If the buyer wants a later vacant delivery, that date has to be lawful and written. If showings have been limited, say so early so the inspection window is realistic.
When to talk to an attorney
Talk to a Virginia landlord-tenant attorney before you rely on a lease-break clause, offer cash-for-keys (paying a tenant to move out early), or deal with a tenant who isn't paying. Those steps have legal and fair-housing limits. Whether a particular lease can end early depends on its terms, any written agreement with the tenant, and Virginia law.
Seller-side commissions are negotiable and are set in the listing agreement. There's no fixed or standard percentage. Seller closing-cost items are covered in our Virginia closing-costs guide.
Frequently asked questions
Can I sell my house in Virginia while a tenant is living there?
Yes. A sale doesn't end a lease by itself, and the buyer generally takes the property subject to the existing lease. Under Va. Code 55.1-1216(D), the sale-notice duties carry over to a successor owner, and under 55.1-1226(E), whoever holds the landlord's interest at move-out must return any deposit owed. Review the lease and rent status with a Virginia attorney before you list or accept an offer.
Does my tenant have to let buyers see the house?
The tenant shall not unreasonably withhold consent for the landlord to enter to show the unit to prospective or actual purchasers, under Va. Code 55.1-1229(A)(1). Under (A)(4), except in an emergency, or if it's impractical, the landlord shall give notice of intent to enter and may enter only at reasonable times. Put a written showing schedule in place, and follow the notice the lease and the statute require.
What happens to the tenant's security deposit when I sell?
Va. Code 55.1-1213 requires the current owner to transfer security deposits and any accrued interest in the owner's possession to the new owner at the transfer. If a managing agent holds the funds, the statute describes written notice so the deposits move at settlement and the tenant is told. Confirm the path with your attorney and settlement agent.
Will a tenant-occupied house sell for less than a vacant one?
Not automatically, and there's no universal discount to quote. Investor buyers may value a current lease, documented rent, and a cooperative tenant. Owner-occupants usually need a vacancy date. Price from current sales and rent comparables, and from the remaining term, rather than from a rule of thumb.
Can I ask my tenant to move out before I list?
You can ask, but you shouldn't assume a fixed-term lease can end early just because you want to sell. Any early move-out depends on the lease, a written agreement with the tenant, and Virginia landlord-tenant law. Talk to an attorney before you make a cash-for-keys offer or tell a tenant to leave. Don't promise a buyer a vacant delivery you can't lawfully deliver.
If you're weighing a sale with a tenant in place, book a consultation with Daniel Yoon, REALTOR®, eXp Realty to talk through timing, pricing, and the documents a buyer will ask for.
Educational information only, not legal, tax, or lending advice. Confirm lease rights, notice, deposits, and sale timing with a Virginia attorney and the settlement agent on the specific file. Confirm local tax rates with the locality.