What happens during a seller rent back?

When a home seller remains in the home after the close of escrow, it’s as a tenant or renter – even for a brief period of a few days.  With the shifting role from home owner to new renter, the rules of engagement may not be clear, and expectations may not line up with the addendum for the rent back.   So let’s do a set of what happens during the tenancy period after the sale is done.

Seller rent back True or False questions – which of these statements is true or false for the period when the seller is a tenant?

  1. When escrow closes, the buyers get keys to the home
  2. The seller must be undisturbed by the buyer until moving out
  3. The buyer can do repairs, including fumigation, during the rent back
  4. Prospective tenants may view the property during the rent back
  5. Contractors may enter the property during the rent back
  6. The new owners must give 72 hours notice before entry
  7. To enter the home, new owners must use an official CAR or PRDS “Notice of Entry” form
  8. The new owners may only enter the property if their Realtor is present or if the listing agent is present
  9. If the seller overstays the agreed upon rent back time, there’s a penalty fee that will be charged
  10. If there’s a rent back, buyers may do a walk through both before close of escrow and also at the end of the rent back period.

 

What does the paperwork saySome of these are challenging not just for buyers and sellers, but for real estate agents too. The reason for the confusion has to do with the number of forms involved.  There are 3 different rent back addenda which may be employed in Silicon Valley: 2 options from the California Association of Realtors (CAR) and 1 from the Peninsula Regional Data Service (PRDS).

  • PRDS form RSOAS – Seller Occupancy After Sale Addendum (1 page form)
  • CAR form SIP – Seller in Possession Addendum (1 page form, intended for less than 30 days)
  • CAR form RLAS – Residential Lease After Sale (5 page form, for more than 30 days rental to seller)

Some Realtors only use either CAR or PRDS forms, but I have found that depending on whom you represent, it may be worthwhile to tell the client about the differences between them as they are not exactly the same for all of these questions.

Now let’s go back to our questions and see what the contract & addenda have to say about each one. (more…)