Selling a property with tenants in place is entirely possible in Queensland — and sometimes it's the right move. But it requires careful navigation of the Residential Tenancies and Rooming Accommodation Act 2008 (RTRA Act), which protects tenants' rights during a sale process. Understanding what you can and can't do — and what your buyers will expect — makes the difference between a smooth sale and a drawn-out negotiation.
Can you sell a property with tenants in place?
Yes. There's no legal requirement to remove tenants before listing a property for sale in Queensland. The lease transfers to the new owner at settlement. The new owner steps into your position as landlord and takes on the same obligations you currently hold. If the buyer is an investor, this can be attractive — the property is already tenanted and generating income from day one. If the buyer is an owner-occupier, they'll typically require vacant possession before settlement, which means the tenant must vacate before (or at) settlement date.
Notice requirements under the RTRA Act
Even during a sale campaign, your tenant retains rights. Key notice requirements include: for entry to conduct inspections (open homes, private viewings), you must give at least 24 hours' written notice and can only conduct these between 8am and 6pm on a day the tenant agrees to (or a reasonable time if they don't respond). The RTRA Act limits the number of inspections per week. Excessive access requests can constitute a breach of the tenant's right to quiet enjoyment. Working with — not against — your tenant during the sale process tends to produce better outcomes. An uncooperative tenant making themselves unavailable for inspections can significantly slow a sale campaign.
Vacant possession vs subject to tenancy — what buyers want
Most buyers are buying to live in the property themselves. They will require vacant possession — meaning the property must be empty and ready for them to move in at or before settlement. To deliver vacant possession from a fixed-term tenancy, you'll need to wait until the fixed term ends and then issue a notice to leave at the right time, or negotiate an early exit with the tenant. For a periodic tenancy (month to month), you can issue a notice to leave on the grounds of sale — but notice periods apply. For a property subject to an active fixed-term lease, you may not be able to force the tenant to leave before the lease expires unless they agree.
The price impact of selling tenanted
Selling with a tenant in place typically narrows your buyer pool and can attract a price discount. Owner-occupier buyers — who make up the majority of the market at most price points — are excluded unless you can confirm vacant possession before settlement. That leaves you with investors, whose purchase decision is driven by yield, not emotion. A tenanted sale can still achieve a strong price, but you're competing in a smaller pool, and buyers will factor in the time it takes before they can access the property.
Eleva works with tenanted properties — and can tell you if a JV partnership or direct sale is the better path.
Explore the property partnership →When it makes sense to sell now vs wait for lease end
Selling while tenanted makes sense when: the tenant is cooperative and the property shows well with them in it, the buyer pool you're targeting is investors, you need to sell without waiting for the lease to expire, or the property is in a condition where it doesn't benefit significantly from professional preparation before sale. Waiting for the lease to end makes sense when: the property needs work to achieve a higher price, you want to maximise the owner-occupier buyer pool, or the timing aligns with a stronger selling season.
Eleva's approach to tenanted properties
Eleva assesses properties whether tenanted or vacant. In a property partnership arrangement, we assess the current condition and the achievable value after preparation — and that calculation doesn't change based on whether someone is living there now. If a property has a fixed-term lease with months remaining, we'll factor that into the timeline. The point is to get to the best outcome, not the fastest one. If direct acquisition makes more sense — particularly for landlords who want certainty and a quick exit — we assess that too. Explore direct acquisitions.