How soon after closing do I have to move out?
Are you being forced out the day you close? Here’s the simple truth.
Quick answer
How soon after closing do I have to move out? The short, firm answer: it depends on the purchase agreement and the possession date. Most transactions give possession the day of closing — which means buyers get keys and sellers must vacate that day. But many deals use negotiated possession (24–72 hours, same-day late checkout, or a leaseback). Always read the contract.
Why the contract controls the timeline
The purchase agreement is the legal document. It states the closing date and the possession date. Judges, title companies, and lenders rely on that language. If the contract says “possession on closing,” sellers must be out when the buyer gets the keys. If it says “possession at noon the next day” then sellers have until that time.
Related terms to watch for: possession date, vacant possession, occupancy agreement, leaseback, prorated adjustments, and holdover.
Typical timelines and what they mean
- Same-day possession: Buyer takes keys on closing day. Seller must vacate before closing completion.
- 24–72 hour grace: Common negotiated short extension after closing.
- Agreed leaseback: Seller rents the home from the buyer for a fixed period.
- Tenant situations: If tenants occupy, local landlord-tenant law and lease terms control eviction and possession, not just the purchase contract.
Risks when you don’t move on time
- Buyer can refuse to close or delay funding.
- Legal claims for holdover damages or eviction proceedings.
- For sellers: loss of closing funds, fines, or lawsuits.
- For buyers: financial loss, storage fees, delayed move-in.
Clear, practical steps for buyers and sellers
- Read the contract first. Possession language is the rule.
- Negotiate in writing: ask for a written occupancy agreement if you need more time.
- Document the condition: take dated photos and inventory at handover.
- Adjust closing costs: prorate utilities, property taxes, or rent for overlap days.
- Get keys and sign a possession release when both sides agree.
- If tenants are involved, notify and follow local eviction timelines — consult a lawyer.
How to avoid a last-minute crisis
Plan move logistics early. Book movers with a conditional hold (move date contingent on possession). Keep an emergency checklist: essential boxes, temporary storage, and contact for your realtor.
When to call a professional
If possession language is unclear, if the other party refuses to vacate, or if tenants complicate the transfer — call a realtor or real estate lawyer immediately.
For clear, fast answers and help negotiating possession language, contact Tony Sousa. He’s a local realtor who handles move-outs, leasebacks, and dispute prevention in Toronto. Email: tony@sousasells.ca | Phone: 416-477-2620 | https://www.sousasells.ca
