How many days do you legally have before your required to move once you’ve sold your hom

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How many days do you legally have before your required to move once you’ve sold your hom

We’ve sold our home and the buyers want us out in 2 weeks. Our real estate agent told us after the 2 weeks, everyday we stay in the house we must pay their rent for every extra day they’re in their apartment. In the contracts we signed, it stated nothing about this. Don’t we legally have 30 days to move unless otherwise specified in a legal contract?

Asked on December 19, 2011 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Actually, once the home is sold--that is, once you have the closing--you have NO right to be there unless and only to the extent that either (1) there is a contract (such as the contract of sale) specifying that you may remain in occupancy for an additional time; or (2) the new owners otherwise agree to let you stay for some time. Apart  from that, once the sale closes, you  have no right to occupency and possession; the new owners could immediately take a legal action to get  you out if you remain, and/or sue you for "rent" for the time you are occupying their home (e.g. sue you for the pro rata share of taxes, insurance, utilities, mortage payments).

If there is some agreement to let you stay for a period of time, that agreement is enforceable as per  its plain terms.


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