Selling a Wellington Property With a Seasonal Lease in Place
A Wellington owner who has leased the house, the barn or both for the winter circuit can still sell, but the lease travels with the property. The rent schedule, the deposit, the county bed tax account and the tenant’s last day all have to line up with the closing date. This guide walks through each piece in the order a buyer’s attorney will ask about it.
Seller Answer in Brief
Yes, you can sell a Wellington property during a seasonal lease. The sale does not cancel the lease; the buyer takes title subject to it unless the lease gives someone a right to end it. Before listing, confirm the Village of Wellington rental business tax receipt, the Palm Beach County tourist development tax account, where the deposit and advance rent sit, the showing terms, and whether closing should fall before, during or after the tenant’s last day.
- The Village of Wellington requires a business tax receipt for residential units leased for any duration, and receipts expire September 30 each year (Village of Wellington, Rental Properties and Business Tax pages, reviewed October 2026).
- Palm Beach County charges a 6% tourist development tax on rentals of six months or less, reported monthly to the Tax Collector; a bona fide written agreement for continuous residence longer than six months is exempt (Palm Beach County Tax Collector, reviewed October 2026).
- Under section 83.49(7), Florida Statutes, the seller transfers deposits and advance rent to the buyer at a sale, and the buyer takes on the duty to account for them.
- A tenant may not unreasonably withhold consent to show the home to prospective purchasers (section 83.53, Florida Statutes), but the 24 hour notice rule in that statute is written for repairs, so showing terms belong in writing.
- The 2027 Winter Equestrian Festival at Wellington International is listed for January 6 to April 4, 2027 (Discover The Palm Beaches), which is the window many seasonal leases are written around.
In this guide
- Does selling a Wellington home end the seasonal lease?
- Which kind of Wellington rental is in place
- Village of Wellington paperwork a buyer will ask to see
- The Palm Beach County bed tax on a Wellington seasonal lease
- Who keeps the season’s rent
- Security deposits and advance rent under section 83.49
- Showing a Wellington home with a tenant in residence
- Choosing a closing date around the tenant’s last day
- How the lease changes the Wellington buyer pool and your homestead
- A lease clause checklist for Wellington sellers
- The sequence from lease review to closing
- List now or wait for the season to end
- Frequently asked questions
Does Selling a Wellington Home End the Seasonal Lease?
No. A signed lease is a property interest held by the tenant, and a change in ownership does not wipe it out. The buyer steps into the landlord’s position and takes title subject to the tenancy. Florida’s landlord and tenant statute assumes exactly this: section 83.49(7) describes what happens to deposits and advance rent “upon the sale or transfer of title of the rental property from one owner to another,” and it makes the new owner responsible for them going forward (Fla. Stat. 83.49).
Many Wellington owners assume the opposite. The thinking goes that a seasonal tenant is a guest of sorts, in town for the show circuit, and that a sale gives the owner a clean exit. That is true only if the lease says so. Some leases include a sale clause that lets the landlord end the tenancy with a stated notice period if the property sells. Most short seasonal leases written for a January through April stay do not, because the tenant has usually paid most of the rent up front and planned an entire competition schedule around the house and barn.
So the first question is not whether you can sell. It is what the lease you signed actually allows. Read four things before you call anyone: the start and end dates, any clause that mentions sale, transfer or assignment, any clause about access for showings, and the deposit and advance rent terms. Those four items decide almost every later step in this guide.
Wellington adds a timing layer that most markets do not have. Seasonal leases here tend to follow the show calendar at Wellington International, 3400 Equestrian Club Drive. The 2026 Winter Equestrian Festival ended March 29, 2026, and Wellington International has scheduled the next one for January 6 to April 4, 2027, as the county tourism office also lists it (Discover The Palm Beaches, Winter Equestrian Festival 2027). A lease that runs with the circuit means the house is occupied during the same months an owner might otherwise choose to list. That overlap is the core decision.
There is a narrow exception worth knowing. If the lease is not in writing, or if the property is being used as a vacation rental with stays under 30 days, the analysis changes, because the occupant may not hold a tenancy under Part II of Chapter 83 at all. The next section sorts out which situation you are in.
Which Kind of Wellington Rental Is in Place
Three lines matter in Wellington, and they come from three different authorities. The Village regulates who may rent and requires a business tax receipt. Palm Beach County taxes rentals of six months or less. The state separates residential tenancies under Chapter 83 from transient lodging under Chapter 509. Your lease can sit on different sides of each line, and each side carries different paperwork for a sale.
The 30 day line comes from state law. A single family home rented more than three times in a calendar year for periods of less than 30 days or one calendar month, or advertised as regularly rented that way, is a transient public lodging establishment and, for a house, a vacation rental (Fla. Stat. 509.013). Wellington responded to that category with Ordinance No. 2023-13, which added a vacation rental permit requirement and extra steps before the Village issues a business tax receipt (Village of Wellington, Vacation Rentals FAQ). Local reporting on the November 7, 2023 Council vote described a one-time $600 special use permit fee and noted that officials said the rules were not aimed at months-long seasonal rentals tied to the equestrian industry (Town-Crier, November 2023).
The six month line comes from the county tax rules. The Palm Beach County Tax Collector applies the tourist development tax to transient rentals of six months or less and exempts a bona fide written agreement for continuous residence longer than six months (Palm Beach County Tax Collector, Tourist Development Tax). State sales tax follows the same six month idea under section 212.03. A typical Wellington season lease from early January to mid April falls well under six months, which means it is taxable even though it is a residential lease.
| Arrangement | Village of Wellington | Palm Beach County and state tax | What it means at a sale |
|---|---|---|---|
| Stays under 30 days, more than three times a year (vacation rental) | Vacation rental permit under Ordinance 2023-13, then a business tax receipt | Tourist development tax and sales tax on each stay | Future bookings are contracts the buyer may or may not honor; the permit and receipt do not pass automatically to a new owner |
| Seasonal lease, 30 days to six months (the common circuit lease) | Rental business tax receipt | Tourist development tax and sales tax on the rent | Residential tenancy under Chapter 83, Part II; lease binds the buyer; tax account and deposits need a closing plan |
| Written lease longer than six months for continuous residence | Rental business tax receipt | Exempt from tourist development tax under the county rule | Residential tenancy; deposit transfer under 83.49(7); no bed tax account to close |
| Separate stall, paddock or ring agreement | Depends on use and zoning; ask the Village | Ask a tax adviser; not covered by this guide | May be a nonresidential agreement under Chapter 83, Part I; have the attorney read it separately |
The last row matters on equestrian property. A tenant who leases the house and also rents stalls, paddocks or a ring under the same document may hold a mixed agreement. The residential part follows Part II of Chapter 83. The barn part may not. A real estate attorney should read any bundled lease before you sign a purchase contract that promises to deliver the property subject to “the lease.”
Village of Wellington Paperwork a Buyer Will Ask to See
The Village of Wellington requires a business tax receipt from owners who lease or rent residential dwelling units, for any duration, and asks owners to apply and pay before the rental begins (Village of Wellington, Rental Properties). The same page ties rentals to the definition of “family” in the Land Development Regulations, so occupancy terms in a seasonal lease should match it. Receipts are renewed every year. Florida law sets that cycle for every local business tax receipt: receipts are due by September 30 and expire on September 30 of the following year (Section 205.053, Florida Statutes). Rental receipts do not qualify for the exemptions that some other businesses can claim (Village of Wellington, Exemptions).
Fees are set by the Village’s business tax schedule. The Village’s Fees and Penalties page lists a rental property tax plus a per unit charge, and one-time registration and zoning review fees for new applicants (Village of Wellington, Fees and Penalties). Ask the Business Tax Receipt office at Village Hall, 12300 Forest Hill Boulevard, for the current amounts in writing and for a printout of your account that shows the receipt year and the number of units covered. The amount is small next to a season’s rent, but a buyer who plans to keep leasing will budget for it, and a printout showing the account is current answers the question before the buyer’s attorney asks it.
A careful buyer’s attorney will ask for the receipt for a simple reason. If the buyer intends to keep the tenant through the end of the season, the buyer becomes the landlord on closing day and needs to know whether the rental was lawfully registered. A missing receipt is rarely a deal breaker, but it is an easy item for a buyer to raise as a condition, and it is easier to fix before listing than during an inspection period.
Gather these Village and association items before the listing goes live:
- The current rental business tax receipt and the receipt for the prior year if the home was leased then.
- The vacation rental permit, if the property was ever used for stays under 30 days, and a note of when that use stopped.
- Any open code case or permit on the property. A barn, fence or arena change made for a tenant without a permit is a common item for buyers of equestrian property to question. The Village’s Planning, Zoning and Building staff can confirm what is on file.
- The association’s lease approval, if the home sits in a gated community or a club community that reviews leases. Many Wellington communities have their own declaration rules on leasing; the governing documents and the management company are the source, not general practice.
That last item ties directly to a sale. If the association approved the lease in your name, ask the management company whether a new owner needs to file anything to keep the tenant in place. Some associations also charge application or transfer fees on both a sale and a lease. The answer comes from the declaration and the management office, and it belongs in the file before a buyer’s contract arrives. Sellers in a polo or club community can read the related guide on selling a home in Palm Beach Polo and Country Club for the association side of that question.
The Palm Beach County Bed Tax on a Wellington Seasonal Lease
A Wellington season lease of six months or less carries two taxes on the rent: the 6% Palm Beach County tourist development tax and state sales tax. The Tax Collector requires anyone offering transient accommodations to register a tourist development tax account online, reports are due monthly on the first and late after the twentieth, and the tax applies to rental revenue including mandatory fees such as cleaning (Palm Beach County Tax Collector). The Tax Collector also states that sales tax is added on top of the county tax and that vacation rentals need a short-term rental local business tax receipt for each account.
Many seasonal landlords in Wellington never think of themselves as running a lodging business, because the tenant signed a residential lease and paid by wire in December. The county does not look at the label. It looks at the length. If the agreement is for six months or less, the rent is taxable, and the landlord is liable for the tax if it was not collected.
A sale raises three practical questions.
Who reported the months already collected?
If the tenant prepaid the season, the seller collected rent that covers months after closing. The tax on that rent is usually reported when it is received, so the seller’s account may already show it. The closing statement should credit the buyer for the unearned rent, and the tax adviser should say whether any tax adjustment follows the rent.
Does the buyer need an account?
If rent is still due after closing, the buyer becomes the person receiving taxable rent. The buyer’s attorney will usually want the buyer registered before the next payment date. Confirm the procedure with the Tax Collector rather than assuming the seller’s account transfers.
When does the seller close the account?
After the last month the seller collects or reports, file the final return and ask the Tax Collector how to close the account. Leaving an account open after a sale can produce late notices for months with no activity.
This is also where a misconception costs money. Some sellers price the lease to a buyer as gross rent. A buyer who reads the county page will discount that number by the tax that must be collected, the business tax receipt and the association fees for leasing. Present rent net of the tax line, with the account statement, and the buyer has less to argue about.
Professional review matters here. The Palm Beach County Tax Collector administers the county tax, and the Florida Department of Revenue administers sales tax. A CPA who prepares transient rental returns should confirm how prepaid rent and the closing credit are reported for your specific lease.
Who Keeps the Season’s Rent When a Wellington Home Sells
The seller keeps rent for the days the seller owns the property, and the buyer receives rent for the days after closing. That is the usual default in a purchase contract, but the contract governs, so the proration language should name the lease, the rent amount and the payment dates. In Wellington the timing of payment is what makes this harder than an annual lease.
Circuit leases are often paid in one or two large installments before the tenant arrives. The tenant wires most of the season’s rent in December, moves in after the New Year and leaves after the last week of competition. If the property closes in late February, the seller is holding rent that belongs to roughly half of the stay. Under Chapter 83 that prepaid money is “advance rent,” and section 83.49 treats advance rent alongside deposits: it must be held in one of the ways the statute allows and transferred to the new owner at a sale.
Here is a hypothetical to show the arithmetic. It is an illustration, not a forecast and not a typical figure.
| Hypothetical item | Amount or date | How it is handled |
|---|---|---|
| Lease term | January 5 to April 5 (90 days) | Taken from the signed lease |
| Total rent, prepaid in December | $90,000 | Held by the seller as advance rent |
| Closing date | March 6 | Seller owns 60 days of the term, buyer owns 30 |
| Rent earned by the seller | $60,000 | Stays with the seller |
| Unearned rent | $30,000 | Credited to the buyer on the closing statement |
| Security deposit | Per the lease | Transferred or credited to the buyer under 83.49(7) |
The numbers are invented to keep the math simple. A real lease may charge different rates by month, include a separate stall fee, bill utilities, or charge a cleaning fee that is subject to the county tax. Each of those should be listed separately in the proration schedule the closing agent prepares.
Two Wellington details often get missed. First, if the lease includes horse services, such as feed, bedding or turnout, those amounts may not be rent at all. Prorating them as rent can produce a credit that neither party intended. Second, some seasonal tenants pay a separate amount to hold the property for the following season. If you accepted a hold or option payment for next winter, the buyer needs to know before the contract, because the buyer may want the booking, or may want the money returned and the obligation gone.
The plain step: write a one page rent schedule with every dollar the tenant has paid or still owes, the date of each payment, what it covers and where the money sits today. A buyer’s attorney will ask for it in some form. Having it at listing removes a week of back and forth later.
Security Deposits and Advance Rent Under Section 83.49
Section 83.49 sets the rules for any deposit or advance rent on a residential lease, and a Wellington seasonal lease longer than 30 days is usually inside that statute. The landlord must hold the money in one of three ways: a separate non interest bearing account in a Florida banking institution, a separate interest bearing account in a Florida banking institution, or a surety bond filed with the clerk of the circuit court in the county where the property sits, which for Wellington is Palm Beach County. Commingling is prohibited (Fla. Stat. 83.49(1)).
Within 30 days of receiving the money, the landlord must give the tenant written notice of where it is held, with the disclosure language the statute prescribes. Landlords of fewer than five individual units are exempt from that notice requirement, which covers most owners of a single Wellington home, but the holding rules still apply.
The sale itself is handled by subsection (7). At a sale, the seller transfers the deposits and advance rent, or the remaining balance, to the buyer and notifies the tenant of the transfer. The buyer then becomes responsible for the money and for the rest of section 83.49. The statute also creates a presumption in favor of the tenant about what the new owner received, which is why buyers’ attorneys insist on a clear written accounting.
A practical closing file for a Wellington seasonal lease includes:
- A statement from the bank or the bond showing the deposit and any advance rent held for this tenant.
- A line on the closing statement crediting the buyer for the deposit and the unearned advance rent, or a direct transfer of the funds.
- A signed notice to the tenant, delivered on or right after closing, stating that the deposit and advance rent were transferred and naming the new landlord.
- A new landlord disclosure from the buyer. Section 83.50 requires the landlord or authorized agent to disclose a name and address for notices and demands, so the tenant needs the buyer’s information.
The timeline after the season matters to the buyer, and the buyer will price it. When the tenancy ends, the landlord has 15 days to return the deposit if no claim is made, or 30 days to send a written notice of claim by certified mail. Missing the 30 day notice forfeits the right to claim against the deposit. If the tenant leaves in early April and the property closes the same week, the buyer is the one who inspects the barn and the house and sends any claim. A seller who knows of damage should document it before closing, with photos and a written condition report, so the buyer is not left guessing whether a broken paddock gate happened under the old owner or the new one.
Equestrian leases add one more wrinkle. Some include a separate damage deposit for the barn, fencing or footing in the ring. Ask the attorney whether that deposit falls under section 83.49 or under the nonresidential terms of the agreement, because the transfer and return rules may differ.
Showing a Wellington Home With a Tenant in Residence
Showings can happen during the lease, but they depend on the tenant’s cooperation and on what the lease says. Section 83.53 says the tenant shall not unreasonably withhold consent for the landlord to enter to exhibit the dwelling unit to prospective or actual purchasers (Fla. Stat. 83.53). The same statute sets 24 hours as reasonable notice for repairs and limits repair entry to between 7:30 a.m. and 8:00 p.m. It does not set a separate notice period for showings, and it bars a landlord from using access to harass the tenant.
In practice, “not unreasonably withhold” leaves a lot of room. A rider who is at the show grounds from dawn, has horses in the barn on the property and goes to an evening class does not want buyers walking the barn aisle at 4 p.m. on a Saturday. Wellington International lists spectator days from Wednesday through Sunday during the festival, with Saturday Night Lights in the evening (Discover The Palm Beaches), and many tenants plan their weeks around that schedule. A showing plan that ignores it will produce friction, and friction shows up in photos, in the condition of the home and in the tenant’s willingness to cooperate.
What tends to work better is a written showing addendum signed by the tenant before the listing goes live. It can set:
- Fixed showing windows, for example two weekday blocks agreed with the tenant, with notice by text or email at least a stated number of hours ahead.
- Rules for the barn: whether buyers may enter stalls, who handles horses during a showing, and whether showings pause on days the tenant ships to or from the show grounds.
- Photo and video terms. The cleanest route is to photograph the home before the tenant arrives in the fall, or after the tenant leaves in spring. If photos must be taken during the lease, the addendum should say when and what may be shown.
- A rent credit or other consideration, if you offer one. Any credit should be written so it does not change the tax treatment of the rent without your adviser’s input.
Equestrian property raises a concern specific to Wellington: biosecurity and liability around horses. A buyer’s group walking into a barn where a tenant’s horses are stabled is a different event from a buyer walking a living room. The tenant’s insurance and the owner’s insurance may both have something to say about it. Ask your insurance agent whether showings with visitors near the tenant’s horses change anything in your policy.
Some Wellington owners choose to limit in-person showings during the lease to buyers who have already seen a full video walkthrough and the floor plan. That cuts traffic through the house and the barn, and it keeps the tenant on side. For an out of state owner, the same approach means fewer trips and fewer keys changing hands.
Choosing a Closing Date Around the Tenant’s Last Day
The closing date is the decision that ties everything else together. In Wellington there are three realistic choices, and each one changes who the buyer can be.
| Closing timing | Who it suits | Seller tasks | Main risk |
|---|---|---|---|
| Before the tenant arrives (fall) | Buyers who want possession for the coming season | Cancel or assign the lease only if the lease allows it; return or transfer any advance rent; close the tax account after the last report | Breaching a signed lease if it gives no exit; the tenant’s claim for damages |
| During the lease (January to early April) | Buyers who want the income or plan to use the property next season | Rent and deposit proration, notice to tenant, tax account handoff, showing addendum | Disputes over deposits and condition; buyers who need possession drop out |
| After the tenant leaves (April or later) | Buyers who want possession and a vacant inspection | Move-out inspection, deposit return or claim, final tax return, cleaning and repairs before closing | Tenant holds over; a later closing pushes the listing past the season |
A closing after the lease ends looks simple on paper. The risk is the gap between the lease end date and the tenant’s actual departure. Horses ship on trailers that are booked weeks ahead, and Wellington International has scheduled the 2027 Winter Equestrian Festival to end on April 4, 2027. A tenant whose lease ends on the last day of the festival may need a few extra days. A closing set for the day after the lease ends leaves no room.
Florida law gives the landlord remedies if a tenant stays without consent. Under section 83.58, the landlord may recover possession and may also recover double the rent for the holdover period. If the tenant stays with consent and the lease required notice under section 83.575, the tenant can owe an additional month’s rent (Fla. Stat. 83.575). Neither remedy helps a seller who has a buyer’s lender, mover and insurance policy all scheduled for a closing date. Build in a buffer: a closing at least several days after the lease end date, a move-out inspection the day the tenant leaves, and a contract clause that says what happens if the tenant has not left.
Buyers who finance a home as a primary residence often face lender occupancy rules, and a buyer who must move in within a set period cannot accept a tenant who stays until April. The buyer’s lender sets that rule, so ask early which kind of loan the buyer is using. A cash buyer or a second home buyer usually has more flexibility.
If you plan to stay in the home yourself after closing, that is a separate arrangement. The site’s guide on seller rent back after closing covers it. Do not stack a seller rent back on top of a seasonal tenancy without the attorney drafting both.
How the Lease Changes the Wellington Buyer Pool and Your Homestead
A lease in place narrows some buyers out and draws others in. In Wellington the split is clearer than in most towns because the season creates three groups of buyers with different needs.
The first group wants the property for the next season. These buyers may be riders or owners of horses who already know the show calendar. For them, a tenant in place through April is often acceptable, as long as the property is delivered empty and in good condition before they need it in the fall. A lease that ends in April and a closing in late spring can suit them well.
The second group wants the income. A buyer who intends to keep leasing the property each season will read the lease, the rent history, the tax account and the Village receipt with care, and will price the property partly on the rent. These buyers like a lease that runs through the season and a record that shows the rental was registered and taxed correctly. They will question gross rent figures that ignore the county tax.
The third group wants to move in now. That group often includes buyers financing a primary residence. A lease that runs to April rules them out for a winter closing. If your property’s likely buyer is in this group, the lease end date may be the reason to wait.
The lease also affects your own tax position. If you claimed a homestead exemption on the property, renting it can matter. Under section 196.061, renting all or substantially all of a homestead dwelling is treated as abandonment of the homestead, although a rental that begins after January 1 does not cost the exemption for that year unless the property is rented for more than 30 days per calendar year for two consecutive years. The Palm Beach County Property Appraiser administers homestead exemptions for Wellington properties. Two things follow for a seller. The tax proration at closing depends on whether the exemption is still in place for the current year, and any plan to port Save Our Homes savings to a new homestead depends on the exemption history. The site’s guide on homestead portability when selling covers the second point, and a tax adviser should confirm both.
None of this tells you which group will buy your property. That depends on the house, the land, the barn and the location in Wellington. A pricing review should name the most likely buyer group and test whether the lease helps or hurts with that group.
A Lease Clause Checklist for Wellington Sellers
This checklist is built for a seasonal lease on a Wellington home or equestrian property. Use it to read the lease you already signed, and to write the next one if you may sell within a year. Each row names the clause, why a buyer cares, and what to look for. It is not legal advice, and the attorney who drafted or reviews the lease should confirm each point.
| Clause | Why it matters in a sale | What to check |
|---|---|---|
| Term dates | Sets the earliest vacant closing | Exact start and end dates, any extension option, and how they line up with the Wellington International calendar |
| Sale or early termination | Decides whether a buyer can get possession before the end date | Notice period, any fee or refund owed to the tenant, and whether the right belongs to the landlord, the tenant or both |
| Assignment to a new owner | Confirms the lease and its obligations pass cleanly | Language binding successors and assigns; any tenant consent requirement |
| Access and showings | Controls how the property is marketed during the lease | Showing windows, notice method, barn rules, photo and video rights |
| Rent schedule | Drives the proration on the closing statement | Amount and date of each payment, what each covers, and whether the rent includes the county tax |
| Advance rent and deposits | Must transfer under section 83.49(7) | Amounts, where held, and whether the 30 day notice was given |
| Barn, stalls and services | May be nonresidential terms or services rather than rent | Separate pricing, separate deposit, who maintains footing, fencing and equipment |
| Occupants | Village rental rules refer to the Land Development Regulations definition of family | Named occupants and limits consistent with Village and association rules |
| Association approval | Some communities review leases and may require new filings after a sale | Approval letter, application fees, and any rule on lease frequency or minimum term |
| Utilities and services | Accounts must switch or be prorated at closing | Who pays electric, water, internet, pool, lawn and pest service |
| Insurance | Tenant and owner coverage both affect showings and liability | Tenant liability coverage, care, custody and control of horses, named insureds |
| Holdover and move‑out | Protects the closing date | Move-out inspection date, holdover rent, notice requirements consistent with section 83.575 |
| Next season holds | A buyer may inherit or reject a future booking | Any hold payment for the next winter and what happens to it at a sale |
Three clauses on this list cause most of the trouble. The first is the sale clause. A lease that says nothing about sale gives the seller no exit, so a buyer who needs possession must wait. The second is the barn section, because it is often drafted loosely and priced as a lump sum with the house. The third is the next season hold, which a seller may have forgotten by the time a contract arrives in February.
If you have not yet signed this season’s lease, ask the attorney to add a sale clause with a fair notice period and a showing schedule. A tenant may push back or ask for a lower rent in exchange. That is a business decision, and it is easier to make in the fall than in March with a buyer waiting.
The Sequence From Lease Review to Closing in Wellington
The order below follows the questions in the order they usually come up. The offices named are the ones that handle each step for a property inside the Village of Wellington.
Read the lease and pull the money records
Lease, all addenda, the rent schedule, the bank or bond statement for deposits and advance rent, and any hold payment for next season. Send them to a real estate attorney with one question: what does this lease allow if I sell?
Confirm the Village file
Rental business tax receipt and, if relevant, the vacation rental permit, from the Village of Wellington business tax staff at Village Hall. Ask Planning, Zoning and Building whether any permit for barn, fence, arena or interior work is open.
Pull the county tax history
Print the tourist development tax filing history from the Palm Beach County Tax Collector account, and check the homestead status of the parcel on the Palm Beach County Property Appraiser site.
Check the association
If the property is in a community with an association, ask the management company for its lease approval, any rules on resale while leased, and estoppel and transfer fee information.
Talk to the tenant
Explain the plan, agree a showing addendum and photo schedule, and ask the tenant to confirm the lease terms in writing. A signed tenant estoppel, stating the rent, the deposit and the end date, helps a buyer rely on the file.
Price and list with the lease disclosed
State the lease end date and the terms a buyer will take on in the listing materials and in the contract. Choose a closing date strategy from the three options above before the first offer arrives.
Negotiate the lease terms into the contract
The contract should name the lease, state the rent and deposit to be credited, set the possession date, and say what happens if the tenant has not left when promised.
Close and hand over
Transfer deposits and advance rent, sign the notice to the tenant, give the tenant the buyer’s notice details, file the final tax return and close the account when the last reporting period passes.
Owners who live outside Wellington most of the year can complete most of this remotely, with the attorney and closing agent handling signatures. The tenant conversation and the move-out inspection are the two steps that benefit from someone on site in Wellington.
One point about timing. Steps 1 through 4 can usually be done before the tenant arrives. Owners who start in the fall have the most choices; owners who start in February are working inside the lease with fewer options.
List Now or Wait for the Wellington Season to End
There is no single right answer, but the decision follows from four facts you can check: what the lease allows, who the likely buyer is, how much of the season is left, and what the property looks like with the tenant in it. The framework below puts those together.
| Your situation | Leaning | Reason |
|---|---|---|
| Lease has a sale clause and the tenant is cooperative | List during the lease | Showings are manageable and a buyer who needs possession has a path |
| No sale clause, lease runs to April, likely buyer wants possession | Prepare during the lease, list for a closing after move‑out | The buyer group you need cannot close until the tenant leaves |
| Likely buyer is a seasonal user or an investor | List during the lease | These buyers can accept the tenant and may value the rent |
| Barn or house would photograph poorly with the tenant’s horses and belongings | Wait for move-out to photograph, or use photos taken before the season | First impressions are set by the listing photos |
| Tax account, Village receipt or deposit records are incomplete | Fix the file first | Gaps become buyer conditions during the inspection period |
Measured market data would sharpen this decision, for example how many Wellington sales above a given price closed with a tenant in place, and how long they took compared with vacant homes. That data comes from an MLS export, not a public source, and it is not published here. A pricing review can apply it to your specific property and price range. The related guide on timing a Wellington sale around the equestrian season covers the season question without a lease in place.
A final practical point. If you are leaning toward selling within the next year and you have not signed next winter’s lease, the decision is easier now. A shorter term, a sale clause and a showing schedule cost little to add before signing and can save months later.
What Sellers Say About Working With Jeannie Jacobson
The reviews below come from sellers in other markets. They are shown because they speak to communication with owners who live elsewhere and to the period between contract and closing, which is where a leased sale needs the most coordination.
“It was an absolute pleasure working with Jeannie – we were on a tight timeframe to get to market and she accommodated us without hesitation. She provided feedback on the property and recommended a price that was reasonable for the market. She was very communicative throughout the process as we are from TN. she worked with the outside contractors to ensure necessary fixes were performed as needed.”
Rob H, Boca Raton, FL, March 10, 2022, Verified review
“Jeannie was wonderful! She quided us in pricing, staging, and the actual selling process. Needless to say, our house was sold in record time! Her continuous contact with us, allowed us to know how things were going throughout the wait time between contract an closing, was great! She has a friendly, yet professional, attitude when dealing with the various vendors associated with the sale and we would highly recommend her as your real estate agent!”
Diane, Delray Beach, FL, June 22, 2023, Verified review
“I recently had the pleasure of working with Jeannie to sell my house and I couldn’t be happier with the experience. From our very first interaction, Jeannie was incredibly friendly and approachable. What truly stood out though, was her excellent communication. She was always prompt in responding to my emails, calls, and texts. She kept me informed every step of the way, explaining the process clearly and patiently answering all of my questions, no matter how big or small…”
Sim Miller, 4 Feb 2025, Google review
This guide is general information about selling a leased property in the Village of Wellington. It is not legal, tax or financial advice. Statutes, Village rules, county tax rules and fees change. Before signing a lease, a listing agreement or a purchase contract, consult a Florida real estate attorney, a CPA, the Palm Beach County Tax Collector and the Village of Wellington as appropriate. Commissions and compensation are negotiable.
Frequently Asked Questions
Yes. The buyer takes title subject to the lease, so the tenant stays until the lease ends unless the lease gives the landlord a right to end it on a sale. The practical work is in the details: a showing schedule the tenant agrees to, a written rent and deposit schedule, the Village of Wellington rental business tax receipt, and a closing date that fits the lease end date and the buyer’s need for possession.
Usually the seller keeps rent for the days before closing and credits the buyer for the days after. Prepaid rent for the rest of the term is advance rent under section 83.49, and the seller transfers it to the buyer at closing. The purchase contract controls the proration, so it should name the lease, the payment dates and the amounts. Separate charges for stalls, feed or cleaning should be listed apart from rent.
Generally no. The state definition of a vacation rental turns on stays of less than 30 days or one calendar month, rented more than three times a year. A three month lease is a residential tenancy under Chapter 83. It still falls under six months, though, so Palm Beach County applies its 6% tourist development tax and state sales tax to the rent. The Village vacation rental permit from Ordinance 2023-13 is aimed at the short stays.
The Village requires a business tax receipt from owners who lease residential units for any duration, and it asks owners to apply before renting. Receipts are renewed annually and expire September 30. A buyer who plans to keep the tenant will want to see the receipt, because the buyer becomes the landlord at closing. Confirm current fees with the Village business tax office at Village Hall.
You report rent you received through your last reporting period and then close the account with the Palm Beach County Tax Collector. Reports are due monthly on the first and late after the twentieth. If rent will still be paid after closing, the buyer receives it and should register, so ask the Tax Collector how the handoff works. A CPA should confirm how prepaid rent and the buyer’s credit are reported.
Yes, under section 83.49(7) the seller transfers deposits and advance rent to the buyer at a sale and notifies the tenant, and the buyer then becomes responsible for them. In practice the money moves as a credit on the closing statement or by direct transfer. Keep the bank or bond statement, and give the tenant a signed transfer notice with the buyer’s name and address for notices.
Section 83.53 says a tenant may not unreasonably withhold consent to show the property to prospective purchasers, but reasonable is judged on the facts. A tenant with horses on site and a show schedule at Wellington International has real constraints. A signed showing addendum with fixed windows, notice by text, and barn rules works better than relying on the statute after a dispute starts.
Without consent, section 83.58 lets the landlord recover possession and double rent for the holdover period, through the county court in Palm Beach County. That does not save a closing that is already scheduled. Set the closing several days after the lease end date, book a move-out inspection, and include a contract clause that says what happens if the tenant is still in the home.
It can. Under section 196.061, renting all or substantially all of a homestead is treated as abandonment, although a rental starting after January 1 keeps that year’s exemption unless the home is rented more than 30 days per calendar year for two consecutive years. The Palm Beach County Property Appraiser decides exemption status, and that status affects the tax proration at closing and any portability plan.
If you may sell within the year, it is worth discussing with your attorney before you sign. A sale clause with a fair notice period, a showing schedule and photo rights gives you options that a standard season lease does not. Expect some tenants to ask for a rent adjustment in exchange, and decide that in the fall rather than in the middle of the circuit.
Start With the Lease, Then Set the Closing Date
Gather the lease, the rent and deposit records, the Village of Wellington receipt and the county tax history, and book a review. From there a price range, the likely buyer group and a closing date that respects the tenant’s last day can be set out in writing.
Jeannie Jacobson, REALTOR®, RE/MAX Gold, (772) 877-0268, English and Spanish
Sources
- Section 83.49, Deposit money or advance rent; duty of landlord and tenant, Florida Statutes (2025), The Florida Senate, https://www.flsenate.gov/Laws/Statutes/2025/83.49 (accessed October 2026)
- Section 83.50, Disclosure of landlord’s address, Florida Statutes (2025), The Florida Senate, https://www.flsenate.gov/Laws/Statutes/2025/83.50 (accessed October 2026)
- Section 83.53, Landlord’s access to dwelling unit, Florida Statutes (2025), The Florida Senate, https://www.flsenate.gov/Laws/Statutes/2025/83.53 (accessed October 2026)
- Section 83.575, Termination of tenancy with specific duration, Florida Statutes (2025), The Florida Senate, https://www.flsenate.gov/Laws/Statutes/2025/83.575 (accessed October 2026)
- Section 83.58, Remedies; tenant holding over, Florida Statutes (2025), The Florida Senate, https://www.flsenate.gov/Laws/Statutes/2025/83.58 (accessed October 2026)
- Section 196.061, Rental of homestead to constitute abandonment, Florida Statutes (2025), The Florida Senate, https://www.flsenate.gov/Laws/Statutes/2025/196.061 (accessed October 2026)
- Section 212.03, Transient rentals tax, Florida Statutes (2025), The Florida Senate, https://www.flsenate.gov/Laws/Statutes/2025/212.03 (accessed October 2026)
- Section 509.013, Definitions, Florida Statutes (2025), The Florida Senate, https://www.flsenate.gov/Laws/Statutes/2025/509.013 (accessed October 2026)
- Tourist Development Tax (TDT), Palm Beach County Tax Collector, https://pbctax.gov/taxes/tourist-development-tax/ (accessed October 2026)
- Rental Properties, Village of Wellington, https://www.wellingtonfl.gov/1046/Rental-Properties (accessed October 2026)
- Exemptions, Village of Wellington Business Tax, https://www.wellingtonfl.gov/1047/Exemptions (accessed October 2026)
- Fees and Penalties, Village of Wellington Business Tax, https://www.wellingtonfl.gov/1049/Fees-Penalties (accessed October 2026)
- Vacation Rentals FAQ (Ordinance No. 2023-13), Village of Wellington, https://www.wellingtonfl.gov/m/faq?cat=46 (accessed October 2026)
- Wellington Tightens Rules On Vacation Rentals, Town-Crier Newspaper, November 2023 (secondary), https://gotowncrier.com/2023/11/wellington-tightens-rules-on-vacation-rentals/ (accessed October 2026)
- Wellington International, home page and upcoming events, https://www.wellingtoninternational.com/ (accessed October 2026)
- Section 205.053, Business tax receipts; sale; due dates; delinquency; transfers, Florida Statutes, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0205/Sections/0205.053.html (accessed October 2026)
- Winter Equestrian Festival 2027, Wellington International, Discover The Palm Beaches, https://www.thepalmbeaches.com/top-event/winter-equestrian-festival (accessed October 2026)
- Palm Beach County Property Appraiser, homestead exemption information, https://www.pbcpao.gov/ (accessed October 2026)