EARLY OCCUPANCY AGREEMENT 2025

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Early occupancy, sometimes referred to as early possession, is when a tenant is granted access to part or all of a space they have leased prior to the leases start date. In most early occupancy cases, a landlord typically agrees to early occupancy as a way to encourage a tenant to sign the lease.
If a buyer wants to occupy the property before closing day and the seller agrees to allow the buyer to take possession of the home early, the two parties would draft a pre-occupancy agreement to specify the conditions of the agreement. We recommend consulting a real estate attorney to help draft the terms.
But the term can also refer to businesses that occupy space, like stores or restaurants. In real estate and property management, occupancy means that someone uses a space for its intended purpose.
You can move in whenever it suits you, as long as you meet all necessary obligations. This includes settling paperwork, paying your mortgage on time, and handling any other responsibilities like utility bills, homeowners association (HOA) fees, and property maintenance.
Allowing early occupancy, even if it is just for furniture is a big risk for the seller with really no upside for them. And a deposit doesnt mean you are out the money.
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The Owner-Occupancy Rider, when attached to a trust deed, incorporates the owner-occupancy requirement as additional terms to the trust deed. This offers any lender or carryback seller the security of knowing the buyer will occupy the property, thus reducing the risk of default.
FHA Occupancy Requirements By FHA standards, a primary residence is one in which the owner occupies the property for the majority of the year. The FHA also requires that the buyer moves into the property within 60 days of closing on their home.

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