Sell a rental with tenants in Hamburg & Orchard Park, NY — hand the landlord work to us

Yes. We buy these Southtowns properties as-is and account for the well, septic and outbuilding condition in the offer instead of asking you to repair them first.

Yes — Hamburg and Orchard Park are inside our service area, along with the rest of Erie County and Western New York.

Yes. You can sell an occupied property, and many investors buy rentals with tenants in place. The tenant's lease generally stays in effect after the sale. What you cannot do is force a tenant out by cutting utilities or changing locks, which is illegal in New York. We can review the lease and the tenant situation and tell you quickly how it affects an offer.

In most cases, yes. A valid lease continues after the sale and the new owner takes over as landlord, including the rent and the tenant's rights. Month-to-month tenants can be given proper notice to end the tenancy, and New York sets notice periods of 30, 60 or 90 days depending on how long they have lived there. Check your lease and consult an attorney.

It depends on the reason and whether the tenant contests it. For unpaid rent, you must first serve a written 14-day rent demand, then file in court and wait for a hearing, judgment and a marshal's warrant. Even uncontested cases usually take weeks, and contested ones can take months. Selling with the tenant in place can avoid this wait entirely.

Selling is still possible. Back rent is owed to you as the landlord, not automatically to the buyer, so we can talk about how it is handled in the sale. Do not turn off utilities or lock the tenant out. An attorney can help you pursue what you are owed while you move forward with a sale. Send us the lease and a rent ledger, and we will review the numbers.

In a traditional sale this is a big problem, because buyers expect to walk through the house. Tenants generally must be given reasonable notice, and cooperation can be limited. A cash purchase often needs just one visit, and we work around the tenant's schedule. We can also discuss a cash-for-keys arrangement if a vacant closing is the goal.

You do not need the tenant's permission to sell, but you should tell them about the sale, and the new owner must be introduced as the landlord. The security deposit must be transferred to the new owner, and the tenant should be notified in writing about where it is held. Follow your lease terms and ask your attorney about the required notices.

In New York, a landlord holds a tenant's security deposit in trust. When you sell, the deposit is generally transferred to the new owner, who becomes responsible for returning it, and the tenant must be notified. The closing documents should show the transfer. Keep your records clear so the numbers are right at closing.

Selling a rental can trigger capital gains tax and depreciation recapture, which is taxed at a different rate than ordinary gains. New York also taxes the gain as income. Some owners defer taxes with a 1031 exchange if they buy another investment property, but strict deadlines apply. Talk to a CPA before you sign so you know your net number.