RunSensible’s Legal Dictionary

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Vacant Possession

Vacant possession refers to the legal obligation of a seller or landlord to ensure that a property is completely free of occupants, belongings, and any legal interests or rights that could hinder the new owner or tenant from taking full, unimpeded use and control of the property. Essentially, when vacant possession is granted, the property must be handed over in a state where the new occupant can immediately occupy and use it without any obstacles, such as tenants still residing there, remaining personal property, or other encumbrances.

This concept is often a key term in real estate transactions and leases, ensuring that the buyer or tenant receives the property as agreed upon, with no unexpected claims or occupants.

 

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