The lease stays in place
When the property transfers, the buyer takes it subject to the existing lease or rental agreement and succeeds to the landlord's rights under it. See California Civil Code § 821.
San Jose, CA seller help · Tenant-occupied property
Can I Sell My San Jose House With Tenants Still Living There?
You're done — no turnover, no repairs, no more bad tenants.
Yes. USA Home Buyers buys houses as-is in San Jose, Santa Clara County, and Alameda County, including tenant-occupied houses. A sale does not by itself cancel the tenants' leases or rental agreements; the buyer takes the property subject to them. You can talk with us while the tenants are still there.
Official city and Census boundary layers differ at a small San Jose edge, so a city-level comparison does not establish a property's county. Share the address so the Santa Clara or Alameda County route can be identified.
Call 888-274-5006 or use the form. You do not have to settle the lease or possession question before starting the conversation.
We'll give you a written cash offer within 24 hours.
We give written cash offers in 24 hours.
Share the address, lease status, access limits, and what is happening with the house.
What we do
You don't need to evict to sell to us. We buy houses with tenants in place — we've done it many times, including cash-for-keys when that works better for everyone. Tell us about the property and tenancy.
We buy houses as-is, in any condition — no repairs, no cleaning, no cleanout required to sell to us.
We talk through the house, who lives there, what the lease says, access, repairs, rent, deposit records, and the timing you have in mind. You can explain the situation before deciding what should happen with possession.
Bring us the tenant problem
Tell us what is happening with the lease, access, repairs, rent, or communication. Call 888-274-5006 and talk it through; you do not need to make a move-out decision before the conversation.
What happens next
1. We discuss the house and tenancy
We talk about the San Jose address, who lives there, what the lease says, access, repairs, rent, notices, deposit records, and your timing. Share what you know; you do not have to make the property vacant before calling.
2. You review a written offer
We'll give you a written cash offer within 24 hours. You can read the proposed price and terms before deciding whether to proceed.
Written offer and written terms before you commit; title-company closing.
3. The closing company reviews the handoff
A title company handles the closing. Bring the leases, deposit records, tenant notices, and occupancy details so the closing professionals can account for the documents and funds involved in this transaction.
4. You review the written terms and close
Review the written terms and closing figures with the title company before closing. The lease continues according to its terms unless it is otherwise lawfully changed; the sale alone does not end it.
California tenant rights and security deposits
A sale does not by itself cancel a lease or rental agreement. California law gives the buyer the same rights under the lease to collect rent and enforce its terms.
You have two ways to handle each deposit
After lawful deductions, you can transfer what remains to the buyer and notify the tenant by personal delivery or first-class mail. The notice identifies any claims against the deposit, the amount transferred, and the buyer's name, address, and phone number. Or you can return the remaining deposit to the tenant with an itemized accounting. If these steps are skipped, the buyer can share liability for the deposit. See California Civil Code § 1950.5(i)–(k).
The new owner gives tenants contact and rent details
The new owner must give tenants the owner's contact information and where to pay rent within 15 days. See California Civil Code § 1962.
Local rent and eviction rules may also apply. Give the buyer the leases, deposit records, and tenant notices so the closing can account for them.
San Jose seller resources
These local pages cover other parts of a sale. For the county route, use the property address rather than relying on a citywide boundary comparison.
San Jose home-sale net proceeds calculator →Compare your own sale price or offer with costs and what you would keep.San Jose seller resources →Browse local market and selling information.How the San Jose process works →Follow the path from property details to written terms and title-company closing.San Jose seller guide →Review broader selling choices and local context.
What sellers say about USA Home Buyers
San Jose tenant-occupied seller questions
Can I sell my San Jose house while tenants are still living there?
Yes. USA Home Buyers buys houses as-is in San Jose, Santa Clara County, and Alameda County, including tenant-occupied houses. A sale does not by itself cancel a lease or rental agreement; California Civil Code section 821 addresses the buyer’s rights under the existing agreement.
Do I have to evict the tenants before I call or sell?
No. You can call and discuss a sale while tenants are still living there, and you do not always need to evict to sell to us. The sale itself does not set a move-out date or cancel the lease.
What happens to the security deposit when the house is sold?
After lawful deductions, California law lets you transfer the remaining deposit to the buyer with the required tenant notice, or return the balance with an itemized accounting. The new owner must give tenants contact and rent-payment information within 15 days. Keep the lease and deposit records for the closing discussion.
What should I share about the tenancy?
Start with what you know about the address, lease, occupancy, rent, access, repairs, tenant notices, deposit, and timing. If you have them, keep the lease and deposit records nearby; you do not need to resolve every tenant question before calling.
Talk through the tenant situation
Call 888-274-5006 or return to the form above. Start with the San Jose address and what you know; you do not have to decide on eviction before you talk.