Post-Closing Possession in Florida
Post-closing possession: seller stays after closing. Default: possession transfers at closing. Without agreement: tenancy at sufferance (eviction may be needed). Mortgage concern: most loans require occupancy within 60 days. Holdover: 2-3x daily rate, deposit forfeiture, and eviction under Chapter 83 (2-4 weeks). Check with lender first.
Default Rule
- Possession transfers at closing
- Without agreement: tenancy at sufferance
- Eviction proceedings may be needed
Mortgage Concerns
- Buyer must occupy within 60 days
- Lender disclosure may be required
- Some limit possession to 60 days
Holdover Remedies
- 2-3x daily rate penalty
- Security deposit forfeiture
- Eviction: Chapter 83 (2-4 weeks)
Related Terms
- Post-Closing Occupancy — Agreement
Barnes Walker Real Estate
Barnes Walker’s attorneys handle post-closing possession in Florida. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC