Am I obligated to allow the sellers stay in the house for 7 days after closing so that they can find an apartment?

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Am I obligated to allow the sellers stay in the house for 7 days after closing so that they can find an apartment?

We are transferring to OH from PA and need to move in immediately.

Asked on January 1, 2018 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, you have NO obligation to allow the sellers to remain in *your* home post-closing. From the moment of closing onward, it is your property and you control who may stay there; the seller has no right to use or remain in the home from and after the moment he sells it. The seller may only remain in the home post-closing if you let the seller or contractually agreed to let them do so (e.g. if you agreed to this condition in the contract of sale).
Even if it is an "acceptable" or common practice, that does not change the fact that once you close, you own the home and only your agreement or a contract lets others stay there.
Note that you are advised to not let the sellers stay there unless you have already contractually obligated yourself to let them do so: once you let someone stay in your home, if they don't leave when they should or you ask them, you'd have to bring a legal action (commonly called one for "ejectment," though your state may have a different name for it) to remove them. Even though this can be done on an expedited basis, it can still easily had 2 - 4 weeks (or more) to getting possession of your home: you might find that you cannot move into your new home for 1 - 2 months. (Plus, you'd have the cost of the lawsuit.)


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