How Long Can You Stay in a Homestay When Buying a Villa?
When you buy a villa, especially in a foreign country, you might hear about homestays as a way to live in the property before or after the sale closes. But how long can you actually stay in a homestay? The answer isn’t simple-it depends on who owns the property, what kind of visa you have, and local laws that may not even mention homestays at all.
Homestays Aren’t Always Part of the Sale
A homestay isn’t a legal term in most property contracts. It’s usually a friendly arrangement between buyer and seller-like letting you move in early so you can settle in before the paperwork finishes. But if you think buying a villa means you get to live there forever under a homestay agreement, you’re mistaken. Most sellers won’t let you stay for more than 30 to 90 days after closing, and even that’s rare.
In places like Bali, Phuket, or the Algarve, sellers often rent out their villas to tourists before selling. When you buy, they might offer you a short homestay period to help you transition. But this isn’t a right-it’s a favor. Once the deed is signed, the property is yours, and you’re no longer a guest. You’re the owner. Any stay beyond closing is just a temporary grace period.
Visa Rules Dictate Your Stay
If you’re not a citizen of the country where your villa is located, your legal right to stay is tied to your visa-not your property ownership. Buying a villa doesn’t automatically give you residency. In Thailand, for example, owning property doesn’t qualify you for a long-term visa. You still need a retirement, work, or education visa to stay longer than 90 days.
In Spain, non-EU buyers can get a Golden Visa if they spend over €500,000 on real estate. That visa lets you stay for up to two years, renewable. But even then, you’re not living in a homestay-you’re living under a government-issued permit. If your visa expires and you don’t renew, you must leave, no matter how many villas you own.
Some countries, like Portugal, offer D7 visas for passive income earners. If you can prove you have enough monthly income from abroad, you can live in your villa for years. But again, it’s the visa that allows it, not the house.
Short-Term Homestays: The Real Norm
Most homestays tied to villa purchases last between 7 and 30 days. This is enough time to: move your belongings, meet the neighbors, set up utilities, and get local SIM cards. Sellers usually expect you to be out by the end of the month. Some might extend it if you’re paying rent-$50 to $150 per day is common in tourist-heavy areas.
In Mexico, buyers often stay in the villa for 14 days after closing while waiting for their fideicomiso (trust) to be finalized. In Italy, sellers sometimes allow 21 days for renovations to begin. But these are exceptions, not rules. Always get the agreed-upon stay in writing. Verbal promises mean nothing when the seller changes their mind.
What Happens If You Overstay?
Overstaying a homestay agreement can lead to serious trouble. You might be locked out. Your furniture could be moved. The seller might call local authorities and claim you’re trespassing-even if you paid for the property. In the Philippines, foreigners who overstay their visa can be fined $50 per day and banned from re-entering for years.
Even in countries with relaxed rules, like Georgia or Malaysia, property owners can file a civil complaint if you refuse to leave. Courts usually side with the legal owner. And if you’re on a tourist visa, overstaying can invalidate future visa applications, even for other countries.
How to Plan a Legal Long-Term Stay
If you want to live in your villa for months or years, don’t rely on a homestay. Build a legal plan instead:
- Apply for the correct visa before closing-don’t wait until you’re already in the country.
- Ask your real estate agent for a list of local immigration lawyers.
- Get a rental agreement with the seller if you need more time. Pay rent. Get receipts.
- Keep copies of your visa, property deed, and payment records in both digital and paper form.
- Check if your country has a tax treaty with the villa’s country-some allow you to claim residency for tax purposes even if you’re not a citizen.
Many buyers think buying a villa is the end of the process. It’s not. It’s the beginning. The house is just a structure. Your right to live in it is a legal matter-and it’s separate from ownership.
What to Ask Before Signing
Before you sign any contract, ask these questions:
- Is there a written agreement for post-closing occupancy? If yes, what are the dates and terms?
- Will I be charged rent during the homestay period? If so, how much and how is it calculated?
- Who is responsible for utilities, cleaning, and maintenance during this time?
- What happens if I can’t get my visa approved before the homestay ends?
- Can the seller change the terms after I’ve moved in?
If the seller hesitates or says, ‘Don’t worry, we’ll work something out,’ walk away. That’s not a promise-it’s a risk.
Real Example: The Bali Mistake
A Canadian couple bought a villa in Canggu in early 2024. The seller said they could stay for three months after closing. They moved in, started renovations, and assumed they were safe. But they didn’t apply for a retirement visa until month two. When the 90-day tourist visa expired, immigration officers showed up. Their furniture was seized for ‘unauthorized occupancy.’ They had to pay a $2,000 fine and leave the country for six months before reapplying.
They didn’t lose their villa. But they lost six months of their lives-and thousands in legal fees.
Bottom Line: Own the Villa, Not the Stay
You can own a villa without ever living in it. But if you want to live in it, you need to plan like a lawyer, not a tourist. Homestays are temporary kindnesses, not rights. The length of your stay isn’t about the house-it’s about your visa, your paperwork, and your foresight.
Don’t assume. Don’t hope. Don’t rely on a handshake. Get everything in writing. Know your visa rules. And remember: the key to your villa isn’t the one on your keychain. It’s the one in your passport.”
Can I stay in my villa indefinitely after buying it?
No. Owning a villa doesn’t give you automatic rights to live there long-term. Your right to stay depends on your visa status, not property ownership. In most countries, you must apply for a residency or long-term visa separately. Without one, you can be legally required to leave after your tourist visa expires-even if you own the property.
How long is a typical homestay after buying a villa?
Most homestays last between 7 and 30 days after closing. This gives you time to move in, set up utilities, and meet neighbors. Longer stays are rare and usually only happen if you pay rent to the seller. Always get the duration in writing-verbal agreements are not enforceable.
Do I need a visa if I own a villa abroad?
Yes. Property ownership doesn’t replace a visa. In Thailand, Mexico, and Indonesia, you can own a villa but still need a visa to stay longer than 30-90 days. Some countries like Portugal and Spain offer Golden Visas for high-value buyers, but even those have renewal requirements and income rules. Always check visa rules before buying.
Can I rent out my villa while I’m living in it?
Yes, but only if local laws allow short-term rentals. In Bali, you need a special license to rent out your villa for less than 30 days. In Italy, you may need to register with the local tourist board. Always check zoning laws and HOA rules before listing your property. Violating these rules can lead to fines or eviction.
What if the seller won’t let me move in before closing?
That’s normal. Most sellers won’t allow early access because they’re still living there or cleaning up. If you need to be in the villa before closing, you can negotiate a lease-back agreement where you pay rent to the seller. This is common in competitive markets. But don’t assume it’s automatic-ask upfront and get it in writing.
