Selling a Home With Tenants in Costa Rica: A Seller’s Guide
Selling a home with tenants in Costa Rica is possible, but the lease stays with the property. Under Costa Rica’s urban and suburban lease law, when a property is sold, the new owner steps into the landlord’s position with tenants who are already living there. That makes the lease one of the first documents a buyer will ask for, and it shapes who the right buyer is.
This guide covers how to prepare, market, and close a sale with a tenant in place. It is general information, not legal advice, so have a Costa Rican attorney review your lease before you list.
What Happens to the Lease When You Sell
A sale does not end the tenancy on its own. The buyer takes over the landlord’s position under the existing lease, including its remaining term and agreed rent. Do not promise a buyer that the home will be vacant unless your attorney has reviewed the lease and confirmed how and when that could happen.
If a tenant is willing to leave early, the parties can negotiate a voluntary written agreement. Have your attorney review it before anyone signs.
Review the Lease Before You List
Gather the signed lease and any amendments, and confirm they match the actual arrangement. A buyer and the buyer’s attorney will look for:
- The names of the parties and the property covered
- The start date, term, and renewal terms
- The current rent and payment history
- The security deposit and how it is held
- Who pays utilities, repairs, and maintenance
- The rules for access and inspections
If the lease is missing, outdated, or does not match reality, speak with your attorney before asking the tenant to sign anything new.
Match the Property to the Right Buyer
A tenant can be an advantage or an obstacle, depending on who is buying. An investor may value a documented lease and steady rent, because the property earns income from the first day. A buyer who wants to live in the home or use it as a vacation property will focus on when they can move in.
For investment buyers, prepare a short rental summary with the lease, rent history, deposit details, operating costs, and maintenance records. Share private tenant information only as your attorney advises.
Plan Showings With the Tenant
A cooperative tenant makes a sale far easier. Let the tenant know early that the home will be listed, agree on notice periods and suitable viewing times, and name one person to coordinate access. Follow the lease and avoid surprise visits.
Good photos and a video tour can reduce in-person visits. Schedule photography with the tenant and keep personal belongings, documents, and family photos out of the shots.
Handle Deposits and Rent at Closing
The purchase agreement, known as the Opción de Compraventa, should describe the tenancy accurately and never present the home as vacant if the tenant will remain. It should also explain how the security deposit, any prepaid rent, and rent for the month of closing will be settled between seller and buyer.
After closing, the tenant needs clear written notice of the new owner, with instructions for future rent payments and maintenance requests. Your closing attorney can prepare or review that notice.
Costs and Condominium Rules
Closing costs cover the attorneys, the real estate fee, and other legal costs, and the purchase agreement sets how they are shared. If the home is in a condominium, review the rules on rentals, any outstanding fees, and pending assessments, because buyers will ask about them.
How GAP Real Estate Can Help
GAP Real Estate works with owners selling a home with tenants in Costa Rica, as well as vacant homes and villas. Owners of any nationality can list, and Costa Rican residency is not required. GAP screens buyer inquiries, coordinates viewings, keeps sellers updated, assists with offers and negotiation, and coordinates the process through due diligence and closing with the attorneys for both parties.
Frequently Asked Questions
Can I sell my Costa Rica home while a tenant lives there?
Yes. The sale can go ahead with the tenant in place, and the new owner takes over the landlord’s position under the existing lease.
Does the tenant have to leave when the home is sold?
Not because of the sale alone. Any early move-out should be voluntary and agreed in writing, with your attorney’s review.
Who usually buys a tenant-occupied home?
Often an investor who wants rental income. A buyer who plans to live in the home will need a clear answer on when it can be vacant.
What happens to the security deposit?
The purchase agreement and closing statement should state how the deposit and any prepaid rent pass from seller to buyer.
Can buyers inspect an occupied home?
Yes, with notice and access arrangements that follow the lease. A set schedule keeps disruption for the tenant to a minimum.
This article is general information only and is not legal, tax, or financial advice. GAP Real Estate is not a legal or tax advisor. Speak with a qualified Costa Rican attorney about your lease and sale.
WhatsApp us at +506 8888 0003 to get started.
Thinking about selling a rented home? List your Costa Rica property with GAP Real Estate, read the Costa Rica Seller Guide, or email info@gap.cr.
