Can I get early possession of a home?
Want the keys before closing? Here’s exactly how to get early possession of a home in Milton, Ontario — and when you won’t.
Quick answer up front
Yes — sometimes you can get early possession in Milton, ON. But it’s not automatic. Early possession (also called early occupancy or early possession agreement) requires negotiation, paperwork, insurance, and often payment. Know the risks and protections before you sign anything.
Why this matters — fast
Getting the keys early can save you moving costs, let you start renovations, or avoid temporary housing. But a bad early possession agreement can leave you liable for damage, double-mortgage costs, or legal disputes. Milton’s real estate market, builder turnover rules, and Halton property adjustments make local expertise critical.
Possession vs Closing — the single most important distinction
- Closing: The day title transfers and funds move. Lender funds are disbursed and ownership changes hands.
- Possession: The day you get physical access to the property and can move in.
In Ontario these dates can be the same or separate. If possession comes before closing, you must have a written, signed early possession agreement.
When early possession is possible in Milton
Early possession is commonly granted in these situations:
- New-builds: Builder allows early occupancy for move-in or finishing trades. Builders often use occupancy agreements and temporary occupancy charges.
- Resales: Seller agrees to let buyer move in early by signing an occupancy agreement.
- Conditional deals with bank approval: Lender may approve early occupancy with conditions.
Key local triggers in Milton:
- Builder turnover and Tarion warranty processes can affect timing.
- Municipal inspections and occupancy permits from the Town of Milton are required for new homes.
- Closing dates tied to Land Transfer Tax and property tax adjustments in Halton Region.
What an early possession agreement must cover (don’t skip any)
If you get early possession, make sure the agreement explicitly covers:
- Effective dates: start and end of early possession period.
- Rent/occupancy fee: daily or monthly charge and how it’s calculated.
- Utilities and property expenses: who pays hydro, water, gas, property taxes, condo fees.
- Insurance: who insures what (buyer’s insurance to cover risk; seller/builder’s insurance limits).
- Indemnity and liability: who pays for damage or injury.
- Access for sellers/builders: work completion, trades, inspections, and agreed notice for entry.
- Condition at handover: inventory or condition report to avoid disputes.
- Effect on closing: confirmation that possession does not transfer title until closing.
- Termination rights: what happens if financing collapses or closing is delayed.
Don’t rely on verbal promises. Get it in writing and attach it to your Agreement of Purchase and Sale.
Typical costs to expect in Milton
- Occupancy fee or “rent” — can be a percentage of purchase price or market rent. Builders often charge a daily rate until closing.
- Insurance increases — lender may require proof of additional coverage.
- Utility transfers and final meter reads — you might be billed for both seller and buyer periods.
- Adjustments at closing — municipal taxes and condo fees will be prorated.
Numbers: builders sometimes charge 1% to 2% of the purchase price monthly for early occupancy on new builds. For resales, sellers may charge fair market rent or a negotiated daily rate.
Negotiation moves that work in Milton
- Offer a clear, short early possession window — sellers like certainty. 7–14 days is common.
- Propose a modest occupancy fee tied to market rent, not purchase price.
- Offer proof of insurance and waive unnecessary seller liabilities.
- Include a condition that keeps closing unaffected — seller keeps responsibility for title until closing.
- Ask for a condition report at handover and require repairs to be finished by a set date.
If the seller is a builder, push for early occupancy only after municipal occupancy permits are issued. Make sure Tarion enrollment and warranties are confirmed.
Lender and lawyer roles — what they will push back on
- Lenders often require legal confirmation before releasing funds if possession happens early.
- Lawyers will insist on a signed early possession agreement to protect title and funds.
- Lawyer should register any necessary holdback or other security on closing documents.
Bring your lawyer into negotiations early. You don’t want a verbal-only agreement that the bank will refuse to honor.
New-builds: builder-specific steps and red flags in Milton
- Confirm occupancy permit from the Town of Milton before early possession whenever possible.
- Ask the builder for a signed occupancy agreement that outlines the scope of remaining work and a timeline.
- Verify Tarion warranty enrollment — this affects your warranty start date and coverage.
Red flags:
- Builder refuses to provide a list of incomplete items or a timeline.
- No occupancy permit after completion claims.
- Insurance gaps — builder claims insurance but cannot show coverage for your early occupancy period.
Moving logistics specific to Milton, ON
Practical checklist to avoid surprises:
Before moving day
- Book a licensed Milton mover early (April–August fill fast).
- Arrange Canada Post mail forwarding and change your address with the Town of Milton and Halton Region.
- Transfer utilities: Alectra Utilities serves parts of Milton; confirm which provider covers your address and schedule read dates.
- Confirm municipal services: garbage pickup, recycling days, parking permits (if applicable).
On move-in day
- Take timestamped photos and a detailed condition report.
- Keep keys, garage openers, and warranty documents in a safe file.
- Leave a clear path for trades if post-possession work is scheduled.
After moving
- Confirm property tax adjustments on closing statements — contact the Town of Milton tax office for questions.
- Register for local services: library card, schools (Halton District School Board), and healthcare providers.
Insurance — do this before you step inside
Lenders will typically require insurance in place by closing. For early occupancy, you must have coverage on day one. Confirm:
- Homeowner’s policy with liability coverage and contents coverage as needed.
- Builder or seller’s insurance does not replace your required coverage.
- Increase liability limits if trades or contractors will be on site during early occupancy.
If things go wrong — common disputes and fixes
Common problems:
- Builder or seller enters the property without notice.
- Unfinished work delays completion and closing.
- Damage occurs during early occupancy and parties dispute responsibility.
Fixes:
- Keep written records and photos.
- Require security holdbacks in the agreement until work is completed.
- Escrow of occupancy fees can create leverage.
- Use your lawyer to enforce contract terms and seek remedies.
Sample early possession clause (high-level example)
Note: This is a conceptual template — have your lawyer draft the final wording.
- Buyer granted possession from [date] to [date] for occupancy only. Title transfers remain at closing.
- Buyer to pay occupancy fee of $X per day payable to Seller or held in trust.
- Seller remains responsible for structural integrity and warranties until closing.
- Buyer agrees to obtain home insurance effective [date].
- Seller and Buyer each indemnify the other for damages caused by their respective acts.
Local market tips — Milton buyers win when they prepare
- Have financing pre-approved and lawyer lined up. Sellers and builders prefer buyers who close clean.
- Use a local real estate expert who knows Milton builder timelines, Town of Milton permit processes, and Halton tax proration.
- Expect busy transfer windows in Milton with new subdivisions — plan early.
Why local expertise matters
Milton is growing fast. New subdivisions, municipal inspections, and Halton’s tax rules create moving and possession nuances buyers in other towns don’t face. A local agent who handles early possession agreements regularly will spot red flags, negotiate better fees, and coordinate lawyers and builders.
If you want someone in Milton who routinely handles early occupancy, inspections, Tarion concerns, lender requirements, and moving logistics, reach out. Contact Tony Sousa — Local Realtor — tony@sousasells.ca | 416-477-2620 | https://www.sousasells.ca
FAQ — Closing & Moving in Milton, ON
Q: Can I move in before closing in Milton?
A: Yes, only with a signed early possession/occupancy agreement. This agreement protects title, outlines fees, and assigns liability.
Q: Will a builder let me move in early?
A: Builders sometimes allow early occupancy but often charge daily or monthly fees. They should provide an occupancy agreement and confirm municipal occupancy permits and Tarion enrollment.
Q: What does Tarion mean for early possession?
A: Tarion enrolment confirms warranty coverage for new homes. Verify enrollment because early possession can affect warranty start dates and coverage.
Q: Who pays utilities during early possession?
A: The early possession agreement should specify utility responsibility. Usually the occupant pays utilities from their move-in date.
Q: Do I need extra insurance for early occupancy?
A: Yes. Get homeowner insurance with liability effective the day you occupy. Make sure it covers contractors and unfinished work if applicable.
Q: What if closing is delayed and I already moved in?
A: The early possession agreement should cover extensions, additional fees, and termination rights. Insist on clear holdbacks and an escrow mechanism.
Q: How do property taxes get adjusted?
A: Taxes are prorated at closing. Town of Milton and Halton Region rules will be reflected in your closing statement.
Q: Who enforces the early possession agreement?
A: Your lawyer enforces contract terms. Keep records, photos, and communications to support any dispute resolution.
Q: How long does it take to arrange early possession?
A: It varies. A clean, negotiated short-term occupancy (7–14 days) can be arranged quickly. Longer or builder-driven early occupancy may take weeks.
Q: Where do I start?
A: Get financing pre-approval, instruct a lawyer early, and document all agreed terms in writing. Use a Milton realtor who handles early possession routinely.
Contact for local help and immediate answers: Tony Sousa — tony@sousasells.ca | 416-477-2620 | https://www.sousasells.ca
