It's fairly uncommon for seller to stay past closing

Q. My husband and I are buying our first home. We have agreed on everything with the sellers except for one thing. They are an older couple and need extra time to move out. They want to stay in the property for two weeks after the closing. This makes us very nervous. Is this common and what should we look out for? Should something be written up regarding this?

A. It is not very common that sellers retain possession of a property after closing, but it does occur. Of course a written "post possession agreement" should be drawn up and signed by both buyer(s) and seller(s). The agreement should provide, at a minimum:

1) The amount the sellers will pay you in rent for the time they retain possession. Often, the daily amount paid to the buyers will be 1/30th of buyers principal, interest, tax and insurance payment, plus 1/30th of the association dues, if applicable.

2) The amount the sellers will deposit in escrow, usually with one of the attorneys, to guarantee that the sellers will turn over the property on or before the agreed date and to guarantee that the property will be turned over in the same condition that existed when the buyers made their offer.

3) The date the sellers are required to turn over possession.

4) A daily "penalty" amount for each day the sellers retain possession past the agreed upon date that sellers will tender possession to buyers.

5) A provision that sellers will purchase and maintain appropriate insurance.

6) A provision stating sellers will be responsible for any damage or liability incurred at the property during their possession.

There are numerous other provisions that could be included in a post possession agreement. Your attorney should be able to draft this agreement to adequately protect your interests.

Q. I have had a very difficult relationship with my landlord pretty much since the day I moved in to a house I rented from him. I discovered mice in the basement, a sink didn't work and the drains were slow everywhere, and that was the first day. From the first moment I asked that he address some of these issues, he has become almost unapproachable and when we do communicate, it usually ends up bad. He fixed very little and I eventually just dealt with the issues myself, which I'm pretty sure was his plan from the start.

I managed to stick it out for the year and I'm moving out at the end of May when the lease is up. I didn't pay May rent because I have one months security deposit with him and I'm absolutely positive he has no intention of returning it. He has been threatening me continually since the beginning of the month that he will sue me and I will end up paying far more than if I just pay May rent. I'm curious what's my worst case scenario here?

A. The lease probably contains a provision that in the event the Lessor (landlord) incurs any costs or attorneys fees in enforcing the terms of the lease, the Lessee (you) will be responsible for the costs and/or fees incurred. He could serve you a five-day notice for failure to pay rent then sue you for the rent due in May. Would he go to that trouble and expense at this late date? Hard to say. He could not get you out by the end of May so he most likely will wait until he regains possession of the property to determine if there is enough damage to warrant a lawsuit.

If you move out at the end of May and the property is in the same condition that existed when you took possession, normal wear and tear excepted, he would not have any damages to complain about. Would he file a lawsuit anyway? I don't know. However, the best way to protect yourself is to take lots of pictures and video of the property as you leave. It also would not hurt to have a disinterested third party take a look at the property as you are leaving. That party could serve as a potential witness if a lawsuit was filed.

• Send your questions to attorney Tom Resnick, 345 N. Quentin Road, Palatine, IL 60067, by email to tdr100@hotmail.com or call (847) 359-8983.