How Long After Closing Can You Move in?

When after closing can you move in?

You can move in as soon as you take legal possession of the house. When this happens depends on local laws and negotiations between you and the seller. You often take possession on the day of closing, but the exact date will be stated in your contract.

Some states allow sellers to remain in the home for a short period after closing, and sometimes buyers and sellers negotiate a delay in the move-in date to give the seller more time to move out. They may be juggling their own buying process and need more time to make arrangements.

If a tenant is in place, this can delay your possession even further. The tenant will need to be given notice to vacate the premises, the timing of which depends on your local laws. But these details will have been negotiated during the sale of the house and should be in your contract.

You’ll want to check your contract for your exact moving day. However, additional delays could come from delays with closing, issues with tenants, construction delays or slow government inspections.

Review your contract to determine the “possession date.” This is the day you should receive your keys and can move in. Before you plan your move, review the following:

• Review your contract for the defined “possession date.”
• Confirm with your agent and lender that all funding will be completed on closing day.
• Verify if your state or local jurisdiction imposes mandatory waiting periods after closing.
• Schedule and perform your final walkthrough within 24 to 48 hours before closing.

Typical move-in timelines

If the home is vacant and no additional time is negotiated, you will likely get your keys on the day of closing and can move in right away. However, you may still want to have a backup plan in case things do not go smoothly at closing. If the closing company, bank, insurance agent, government or other party has a delay, it could push back your closing and move-in dates.

If the home is not vacant or construction has not yet been completed, then you’ll have delays before you can move in. Here are typical move-in times for different scenarios:

Legal ownership vs. legal possession

Legal ownership gives you ownership of property, while legal possession gives you the right to enter and live there. For example, a landlord has legal ownership, but the tenant has possession. When you close on a home, you obtain legal ownership. But the contact and state laws will determine when you actually receive possession.

Seller rent-back, tenants, new construction move-in delays

You may not take possession of the home on your closing date if the house isn’t vacant or is still under construction. Here’s a checklist of things to consider during the negotiations:

• Ask your agent if the seller will remain in the home after closing.
• Review all rent-back or leaseback terms, including rent amount, deposit and move-out date.
• Confirm how long tenants have to vacate post-closing.
• Ensure all new construction inspections and permits are finalized before scheduling move-in.
• Verify that all agreements are documented in writing and signed by both parties.
• Check local tenant protection laws for required notice periods.

Seller rent-back and leaseback

If the seller is still living in the home, they may negotiate a rent-back or leaseback agreement. This is where the seller pays you rent for the time they remain in the home after closing.

“A buyer should work very closely with their agent to ensure that the seller is indeed going to move out when they say they are going to,” explained Tia Hunnicutt, founder of Proxima Realty in Oakland, California. “It’s a good idea to ask your agent if the seller has already purchased a replacement property or if they plan to start looking only after receiving their closing funds.”

Exactly how long they rent from you depends on your negotiations. It could be a few days to give them time to move out, or several months if they need additional time. It’s not uncommon for leasebacks to last 30 to 60 days.

When negotiating a leaseback, you’ll want to consider the following:

• The amount of the monthly rent
• Security deposit amount
• Who pays for the utilities
• Late fees for late rent payments, if any
• Responsible party for maintaining the home after closing
• If the seller is required to purchase renter’s insurance

Don’t forget that you will also need a place to live while the seller is in your new home. You’ll have your new mortgage payment along with any extra housing costs while you wait for access to the house. Make sure you are charging enough rent to cover any additional costs.

Also consider what you’ll do if the seller can't move out on the agreed-upon date. It’s common to charge between $100 and $300 for each day the seller remains in the home after the arrangement is complete.

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Buying a home with tenants

If the home is rented to a tenant, you may face a longer waiting period. The tenant may need to be given notice to move, and states usually have laws that stipulate notice periods. For a month-to-month lease, 30 days is typically required. However, if they have a lease, they may be entitled to stay until the lease ends, and states may require notice of non-renewal well before the end of the lease.

“Many municipalities do not allow for the vacating tenants solely because the property has been sold,” said Hunnicut. “An arrangement with the tenant is generally struck through an attorney and requires a buyout of some amount.”

This information should be disclosed during the negotiation process. If you buy a home with tenants, you become their landlord and are subject to all tenant-landlord laws in your state. If you have questions about when you can evict them, contact a real estate attorney to discuss your options.

Moving into new construction

If the home is a new construction, and the construction is complete, then you’ll likely be able to move in right away.

But construction delays due to labor and material shortages or inspection timings are common. Your builder should finish up last-minute items about two weeks before your scheduled closing date. You’ll also want to wait until all construction is complete before you do your final walkthrough. You don’t want any surprises after you’ve moved in.

You’ll want to have backup accommodations in case of delays. Keep in touch with the builder, especially as closing day approaches, so you don’t get caught off guard.

Move-in checklist after closing

There’s a lot to do as you prepare to move into your new home after closing. Here’s a checklist to help you get started with your planning:

• Schedule movers with a flexible date, if possible
• Set up utilities 14 days in advance
• Set up any services with the city, such as trash and water
• Activate homeowners insurance
• Arrange for cleaning and pest control
• Change locks and test security systems
• Inspect for safety hazards
• Confirm mail forwarding

Allow yourself some wiggle room at your current place, if possible. Even if things are going smoothly with the new house, moving is a big chore and it could take longer than expected. There can also be delays with utilities or other service providers that end up delaying your move-in date.

You may also want to get any maintenance items taken care of before you move in. For example, painting rooms and installing flooring is easier when the home is empty.

What to do if your move-in after closing is delayed

If you can’t move into your new home, but also can’t stay in your old one, you’ll need to find some temporary lodging. A hotel will be the easiest if you receive last-minute notice, but this will be impractical if the delay is more than just a few nights.

A short-term rental home will be more comfortable for longer delays. You may have a clause in your contract that covers delays, indicating fees to the seller if the move in date is delayed due to seller actions.

Stay in close contact with your real estate agent during this time, and be sure to document all your costs for potential reimbursement from the seller.

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Your rights if you can’t move in after closing

If the seller or tenant hasn’t left the property by your move-in date, you’ll need to evict them. There may also be language in the sales contract stating what your rights are, such as a clause for additional payments for delays.

Jacqueline Salcines, founder and principal attorney of Salcines Law in Coral Gables, Florida, explained: “If the seller doesn’t vacate, then the buyer is facing an eviction. However, the post occupancy agreement should address these issues, what is the last date and making the seller foot the bill for the eviction. All these terms can be included in the post occupancy.”

Navigating legal processes can be complicated and time-consuming. This is why it’s important to contact an attorney, according to Tonya Canaday, a real estate broker in New York. “If the seller or tenant refuses to vacate, contact your real estate attorney immediately,” he said. “Only an attorney can provide the proper legal advice and next steps.”

Evictions can take several weeks, so be prepared to find other housing arrangements while you go through the process.