🏠 What Is a Vacant Possession Clause in Real Estate?

A vacant possession clause requires the seller to deliver the property completely empty and free of occupants, belongings, debris, and leases at closing. It guarantees that the buyer receives full, unrestricted access to the home immediately after the sale.

How a Vacant Possession Clause Works

A vacant possession clause becomes enforceable at closing. It requires the seller to provide the property in a ready-to-occupy condition with no tenants, short-term renters, family members, or personal items remaining inside or outside the home.

Typical requirements include:

  • No occupants — the home must be completely unoccupied at possession.
  • No personal property — furniture, stored items, and belongings must be removed.
  • No trash or debris — the property must be broom-clean.
  • No active leases or rights to occupy — tenants must vacate prior to closing.
  • No holdover situations — seller must move out by the agreed timeframe.

This clause prevents disputes and ensures the buyer gets the home exactly as promised — empty, clean, and ready for immediate occupancy.

Why a Vacant Possession Clause Matters

Benefits for Buyers:

  • Ensures the home is move-in ready at closing.
  • Protects against tenants refusing to leave or delaying possession.
  • Prevents unexpected cleanup or disposal costs.
  • Eliminates last-minute occupancy surprises.

Benefits for Sellers:

  • Sets clear expectations for move-out timing.
  • Avoids disputes about belongings left behind.
  • Ensures compliance with the purchase agreement.
  • Reduces the risk of holdover penalties.

Example of a Vacant Possession Clause

A typical vacant possession clause might state:

  • “Seller agrees to deliver vacant possession at closing. All occupants must vacate and all personal belongings removed before final walkthrough.”
  • “Property must be delivered free of any tenancies, leases, or rights of occupancy.”
  • “Seller will remove all debris, furniture, materials, and stored items prior to closing.”

This ensures the buyer receives the home empty, clean, and free of anyone claiming occupancy rights.

Why It Matters for FSBO Sellers

FSBO sellers often underestimate time needed to move out or remove stored belongings. A vacant possession clause protects both parties and avoids last-minute complications at closing.

  • Clear expectations for move-out.
  • Reduces disputes during final walkthroughs.
  • Prevents delays at closing.
  • Protects buyers from unexpected occupancy issues.

When listing through a Flat Fee MLS with Brokerless, sellers can specify vacant possession to avoid holdover risks.

Frequently Asked Questions

Does vacant possession mean the home must be empty?
Yes. Vacant possession requires all occupants and personal belongings to be removed.

Can a seller leave furniture behind?
Not unless the buyer specifically agrees in writing. Otherwise, belongings must be removed before closing.

Does vacant possession apply to tenants?
Yes. The seller must ensure all tenants vacate unless the buyer has agreed to take the property with tenants in place.

Is a broom-clean condition required?
Most contracts require the home to be free of debris and reasonably clean at possession.