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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.)

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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