Definition

Post-Closing Occupancy (Seller in Possession)

Also called: SIP, seller in possession, seller license to remain in possession, rent-back, seller leaseback

Post-closing occupancy lets the seller stay for a short, agreed period after closing under a written agreement setting the move-out date, daily rent, an escrow holdback, and who is responsible meanwhile. California's short-term form is the C.A.R. Seller License to Remain in Possession (SIP).

The arrangement exists because closing and moving rarely line up. A seller who needs the sale proceeds to buy or rent their next place, an estate that needs a few weeks to clear out a lifetime of belongings, or a family waiting on the end of a school year can all use one. The buyer owns the house and has paid for it; the seller occupies it by permission for an agreed number of days. California's SIP form is drafted as a license rather than a lease, intended to avoid creating a tenancy; it is meant for stays of under 30 days, and longer stays are papered as a short lease instead. Elsewhere the same deal is called a rent-back or post-closing occupancy agreement, and whether tenant protections attach varies by state.

Cash buyers are often the most flexible here. With no lender dictating an occupancy date, an investor can often close quickly and still give the seller a few weeks, sometimes longer under a short post-closing lease, with the occupancy terms priced into the offer. Put the terms in the contract: the move-out date, the daily rate after it, the amount held in escrow until keys are returned, who pays utilities, and whose insurance covers the house in between. A verbal 'take your time' is not a term.

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