Short Answer
If the seller does not move out by the agreed-upon date, you have several options. If you have a rent-back agreement in place, the seller pays you rent for each additional day. If there is no agreement, the seller is in breach of contract. Your attorney can send a notice to vacate, and in extreme cases, you may need to pursue legal eviction. Most of the time, a simple conversation and a few extra days resolve the issue.
A seller who does not move out on time is stressful but usually resolvable. The first step is communication. Your agent will contact the seller's agent to find out what is causing the delay. Common reasons include delays in the seller's new home closing, moving company issues, or unexpected complications. If the delay is minor, a day or two, many buyers agree to let the seller stay short-term. If you have a rent-back agreement, the terms kick in automatically. If there is no agreement, you can propose a short-term extension with per diem rent. This is often the fastest and most amicable solution. If the seller refuses to leave and has no valid reason, your attorney can send a formal notice to vacate. In extreme cases, you may need to file an eviction lawsuit, which can take weeks. To avoid this, make sure your contract clearly states the possession date and includes penalties for delayed possession. Your attorney can advise you on the best course of action based on your specific situation and local laws.
Bob's Advice
Redfin Senior Agent · AI Certified Agent
I have seen sellers need an extra day or two to move out more times than I can count. The vast majority of cases are resolved with a simple conversation and a reasonable extension. If the seller needs a few extra days, I usually recommend granting it with a per diem payment. It keeps things amicable and avoids legal headaches. Let us talk through your options if this situation arises.
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