Move-in deadline and seller rent-back on a San Diego primary home loan
Quick answer: On a conventional primary residence loan, the California deed of trust you sign (Fannie Mae/Freddie Mac Form 3005, Section 6) says you will move in within 60 days and live there as your main home for at least one year. So a seller rent-back that runs past 60 days needs to be cleared with your lender before you sign it. Tell me about any rent-back on day one, not at closing.
In San Diego a seller asking to stay a few weeks after closing is common, especially move-up sellers waiting on their next place. That is usually fine. The problem is when the rent-back gets stretched, or the buyer does not plan to move in at all, and the loan was written as a primary residence.
The rule in plain terms
- Section 6, Occupancy: move in and use the home as your principal residence within 60 days after you sign the deed of trust.
- Stay at least one year after you move in, unless the lender agrees in writing or something outside your control happens.
- A short rent-back that ends well inside 60 days fits. A long rent-back or a plan to rent the home out does not fit a primary residence loan.
Why it matters for your money
Occupancy decides which loan you get. Primary residence, second home, and investment loans have different down payment, reserve, and approval rules. Misstating occupancy is a default under the same deed of trust. If you really will not live there, we write it as the right loan type from the start. See second home loans or investment property loans.
What I need on a rent-back
- The signed rent-back addendum with the end date.
- The daily or flat rent amount, so escrow and underwriting see the same number.
- Your real move-in date.
VA and FHA have their own occupancy rules. If you are on orders, read VA occupancy near Pendleton, NASNI, and Miramar. Ready to write an offer? Start at get pre-approved San Diego. The 2026 San Diego County 1-unit conforming limit is $1,104,000 per FHFA. Company NMLS 2394495. Amir Nurani NMLS 197458. Call (619) 366-9494.
Frequently asked questions
Within 60 days of signing the deed of trust, per Section 6 of the Fannie Mae/Freddie Mac California Form 3005.
Yes, if it ends in time for you to move in within 60 days, or your lender agrees in writing.
At least one year after you move in, unless the lender agrees otherwise or circumstances beyond your control arise.
Then it is a second home or investment loan, and we should write it that way from the start.
Sources: Fannie Mae/Freddie Mac California Deed of Trust, Uniform Instrument Form 3005, Section 6 Occupancy. CFPB, Know Before You Owe: Deed of Trust/Mortgage explainer (files.consumerfinance.gov). FHFA, Conforming Loan Limit Values for 2026.
Have a rent-back in the offer?
Send the addendum and your move-in date. I will tell you if it fits your loan before you sign.
Get Pre-Approved(619) 366-9494 · Amir Nurani · NMLS #197458