Can I request early possession?
Want the Keys Early? How to Request Early Possession and Move In Sooner
Can I request early possession?
Short answer: Yes — sometimes. But it’s not automatic. Early possession (moving in before the registered closing/possession date) needs written agreement from all parties and clears several legal and financial hurdles.
Why buyers ask for early possession
Buyers ask for early possession to avoid rental overlap, start renovations, or move with less stress. Sellers sometimes agree for extra cash, a leaseback payment, or a smooth transition. That said, everyone stands to lose if the paperwork or insurance isn’t handled right.
Who must agree
- Seller (owner of the property)
- Buyer (you)
- Lender/mortgagee (may restrict occupancy before closing)
- Title insurer and closing lawyer
- Condo board or strata (if applicable)
If any one of these says no, you don’t get early keys.
The legal and financial checklist
- Temporary Occupancy Agreement or Early Possession Agreement — mandatory. It states dates, fees, responsibilities, and liability.
- Indemnity and insurance proof — buyer must show home insurance that starts on the occupancy date and indemnifies seller.
- Security deposit or holdback — seller often requires compensation for wear, utility fees, or damages.
- Mortgage and title issues — lenders may refuse fund release until closing. Title insurer must cover risk or exclude it in policy.
- Utilities and maintenance responsibilities — who pays for what while the seller still owns the property?
Steps to request early possession (do this now)
- Ask your agent to raise it at first offer or negotiation — early possession is easier to secure before contracts are signed.
- Get a written Early Possession Agreement drafted by your lawyer. No verbal deals.
- Confirm lender approval in writing. Lenders often require additional documentation.
- Arrange insurance effective the moment you move in. Provide proof to seller and lawyer.
- Agree on compensation and a deposit. Put terms in the agreement.
Risks and how to neutralize them
- Title risk: Get title insurer sign-off or a lawyer’s confirmation.
- Financial risk: Use a holdback or escrow for funds that protect the seller.
- Damage risk: Do a move-in condition checklist signed by both.
Sample wording you can use
“Buyer shall be granted early possession from [date] to [date] under a Temporary Occupancy Agreement. Buyer will obtain insurance effective [date], indemnify Seller for all claims, and pay $[amount] per day as consideration.”
Final, blunt advice
Don’t assume. Ask early, get approvals in writing, and make insurance and lawyers your first call. Early possession is a negotiation, not a favor.
Want help drafting the agreement or securing lender approval? Contact Tony Sousa, local realtor and closing expert: tony@sousasells.ca | 416-477-2620 | https://www.sousasells.ca
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