VA Loan Occupancy Requirements (2024)

Ashley Kilroy4-minute read

April 28, 2023

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Department of Veterans Affairs (VA) loans are available for qualifying veterans, prior service members, those currently serving in the military and eligible spouses. VA loans offer many mortgage benefits, such as low or no down payments, limited closing costs and no private mortgage insurance requirement.

While there are many more benefits to enjoy, you’ll want to make sure you understand and meet the VA loan occupancy requirements. The requirements are in place to ensure the residence is being used for the right purpose. To verify that you will qualify, check the VA loan occupancy requirements.

Residence Occupancy Requirements

The property you purchase with a VA loan must be a primary residence. Second homes and investment properties don’t qualify for a VA home loan. And you must move into the new home within a reasonable time frame, typically within 60 days of closing on the house.

If you’re having work done to your property that could delay your move-in day, you will be deemed “delayed” on your occupancy requirement. If your renovations or repairs push your move-in date, your mortgage lender may require additional paperwork.

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VA Loan Occupancy Requirements (2)

Occupancy Requirements For Families

If you are on duty or away from your permanent location, your spouse can occupy the home.

Additionally, you can have a child and other dependents living in the home while you’re on active duty or away. However, you’ll need additional paperwork to satisfy the occupancy requirement. To satisfy the VA occupancy rule, your attorney or the dependent’s legal guardian must certify that the occupancy requirement has been met. If you can meet the requirement via a spouse or dependent, you and your family won’t need to worry about residency being an issue while you’re on duty.

Keep in mind, though, some lenders may not allow you to use a dependent’s occupancy to meet the requirements.

Today's Purchase Rates

VA 30-Year Fixed *

6.25 Rate / 6.778 APR

Legal Disclosures

  • 30-year Fixed-Rate VA Loan: An interest rate of 6.25% (6.778% APR) is for a cost of 2.00 Point(s) ($5,107.50) paid at closing. On a $255,375 mortgage, you would make monthly payments of $1,572.39. Monthly payment does not include taxes and insurance premiums. The actual payment amount will be greater. Payment assumes a loan-to-value (LTV) of 61.29%.

    VA loans do not require PMI. The VA loan is a benefit of military service and only offered to veterans, surviving spouses and active duty military.

Assumptions

  • Listed rates are offered exclusively through Rocket Mortgage.
  • Mortgage rates could change daily.
  • Actual payments will vary based on your individual situation and current rates.
  • Some products may not be available in all states.
  • Some jumbo products may not be available to first time home buyers.
  • Lending services may not be available in all areas.
  • Some restrictions may apply.
  • Based on the purchase/refinance of a primary residence with no cash out at closing.
  • We assumed (unless otherwise noted) that: closing costs are paid out of pocket; this is your primary residence and is a single family home; debt-to-income ratio is less than 30%; and credit score is over 720; or in the case of certain Jumbo products we assume a credit score over 740; and an escrow account for the payment of taxes and insurance.
  • The lock period for your rate is 45 days.
  • If LTV > 80%, PMI will be added to your monthy mortgage payment, with the exception of Military/VA loans. Military/VA loans do not require PMI.
  • Please remember that we don’t have all your information. Therefore, the rate and paymentresultsyou see from this calculator may not reflect your actual situation. Rocket Mortgage offers a wide variety of loan options. You may still qualify for a loan even in your situation doesn’t match our assumptions. To get more accurate and personalized results, please call to talk to one of our mortgage experts.

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VA Loan Occupancy Requirements For Refinance Loans

The VA occupancy rules apply for certain refinance loans, but not all. A VA cash-out refinance mortgage requires a new appraisal and credit check and requires the borrower to certify occupancy for the new loan.

A VA Interest Rate Reduction Refinance Loan (or VA Streamline Refinance) only requires the borrower to certify that the home was their primary residence during the original VA mortgage. The VA Streamline Refinance can help borrowers get lower interest rates, lower their mortgage payments and enjoy other advantages.

Sometimes a VA Streamline Refinance loan can be used to get out of the VA occupancy rules so you can rent a property.

Occupancy Requirements For Deployed Active-Duty Service Members

Service members deployed away from home or overseas can fulfill the VA loan occupancy requirement even if they are single and have no spouse or dependents living in the home.

That said, lenders may require additional paperwork. Here are some things lenders may ask you to verify:

  • That you use the home as your primary address
  • That prior to deployment, you maintained continuous occupancy of the home
  • That you have not moved and don’t currently intend to move

If you’re away from home because you’re serving on active duty, check with your lender to see if they need any additional information.

How Can You Buy A New Primary Residence And Rent Out Your Existing Home With A VA loan?

If you have lived in your home for at least 12 months or occupied it for less than 12 months but received orders to a new duty station, you can rent the property to a tenant. The tenant doesn’t need to be employed by the military. While the VA home loan program is for veterans and active-duty military, in this scenario, you can rent out property secured with a VA loan because you’ve already met the VA’s occupancy requirements.

Renting Your Home Through An IRRRL While Buying A New Home

You may be eligible to apply for an Interest Rate Reduction Refinance Loan (IRRRL) on your existing property after making at least 6 consecutive monthly mortgage payments. Although you’re not required to refinance your mortgage to purchase another home with a VA loan, refinancing allows you to keep your existing property as a rental while you work on purchasing a new home.

Once you contact your lender about purchasing a new home with your VA benefits, they’ll let you know how much entitlement you have left and if a down payment is required. Even if you’re earning rental income from your previous property, you meet your lender’s financial requirements to ensure you can afford both homes.

VA Loan Occupancy Requirements FAQs

If you’ve got questions about the ins and outs of VA loan occupancy requirements, you're not alone. You’ll find the answers to some frequently asked questions below.

Is there a required time of occupancy?

There is no set required time for occupancy, but the paperwork will state that the borrower must live in the residence for at least 12 months. Special circ*mstances can be negotiated with your VA lender.

What are the occupancy requirements if I’m retiring from the military soon?

If you’re retiring in the next 12 months and want a loan to purchase a home, you must fulfill a few additional requirements. You must provide a copy of your retirement application from military service and verify your ability to make the mortgage payments. While VA loans usually require borrowers to move in right away, retirees get some leniency. You can usually apply for an occupancy delay lasting up to 12 months.

Does the VA check occupancy?

VA lenders will use their best judgment to ensure the loan borrower meets the VA loan occupancy requirements. However, if there is reason to question occupancy, it is up to the lender to determine whether the VA occupancy rule has been satisfied or violated.

The Bottom Line

VA loans help eligible veterans, those currently serving in the military and eligible spouses purchase homes. There are many benefits, but there are also many stipulations to follow and facts you need to know before getting a loan.

You need to know all VA loan occupancy requirements, such as the date you must move into your home, how long you must live there and how to fulfill your VA loan occupancy requirements if you’re deployed or travel away from home for work.

Are you in the market to refinance your current loan or buy a new home? Apply for a mortgage online with Rocket Mortgage® today.

See what you’re eligible for.

Rocket Mortgage® uses information about your income, assets and credit to show you which mortgage options make sense for you.

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VA Loan Occupancy Requirements (2024)

FAQs

How does VA loan verify occupancy? ›

The lender has to verify that you intend on using the home as your primary residence before making the loan. The lender will typically ask you for a letter verifying your intention to occupy the property. After one year of occupying the home you can plan to rent your property and hold it now as an investment property.

What are the occupancy requirements for a VA loan? ›

Residence Occupancy Requirements

The property you purchase with a VA loan must be a primary residence. Second homes and investment properties don't qualify for a VA home loan. And you must move into the new home within a reasonable time frame, typically within 60 days of closing on the house.

Does the VA check occupancy? ›

To determine occupancy, the VA stipulates that the person obtaining the loan uses the property as their primary residence and moves in within a reasonable time frame. According to the VA, a reasonable time is usually 60 days after a loan is closed.

Does a VA loan require owner occupancy? ›

For example, VA mortgages require borrowers to be owner-occupiers. To qualify for a VA loan, you must certify that you (or an immediate family member, in some situations) will use the home you buy with your VA mortgage as your primary residence.

What does verify occupancy mean? ›

The Inspector arrives unannounced at the residence to verify the owner currently resides at the address, asking for photo identification. This type of Occupancy Inspection is favored by lending institutions looking to ensure the borrower does in fact reside at the property listed on a lending document.

What is occupancy status for a loan? ›

Owner Occupancy Guidelines

In general, you'll need to move into the property within 60 days of closing. Additionally, you'll need to live in the property for at least 12 months to qualify as an owner occupant with most lenders. In contrast, you could obtain financing as an absentee owner.

How soon do you have to occupy with a VA loan? ›

The VA requires that the borrower move into the home within 60 days after the VA loan closes. As you've read, there are exceptions to that rule. The 60-day rule may be waived if you meet both of the following conditions: You certify that you will occupy the property at a specific date after your VA loan closes.

What does suitable for occupancy mean? ›

Suitable for Occupancy means a structural area in a home currently lived in or an area not currently used for occupancy, such as a basem*nt, that an occupant or homeowner could use for living space without renovations.

Does VA allow non occupant borrowers? ›

The non-occupant is usually brought into the loan application process to help the Veteran occupant to qualify for a mortgage. Non-occupant co-borrowers are allowed on VA home loans even when most VA mortgage lenders will not allow them.

Why does the VA require nearest living relative? ›

It's not a standardized, official VA form but rather a letter or lender generated form stating who the veteran's family contact is in case the VA has lost touch with the borrower. Is it a collection tool? Perhaps but the VA states that it needs this information in case the veteran moves or is abruptly re-assigned.

Does VA have a 90 day flipping rule? ›

Veterans Affairs will only allow properties to be fixed and sold by the owner or the investor as long as it's in title in 90 days. That means the home has to stay in the owner's name no less than 90 days before they're allowed to sell it.

What is required for home to pass VA inspection? ›

The home must have well-managed structures, including a roof with at least 3 years of life left on it, crawl spaces, basem*nts and attics free from pest damage, mold, mildew or other infestations. The home's roof must protect it from moisture and be free of the need for immediate maintenance.

Can you have a non occupying co signer on a VA loan? ›

Who can co-sign on a VA Loan? The co-signer must be your spouse or another VA-qualified borrower. And you should note that the co-signer also must occupy the home. So, you can't ask your parents or a sibling living elsewhere to help you qualify.

What is owner occupancy clause in mortgage? ›

An owner-occupancy clause states that a home buyer financing a primary residence must: Move into their new home within 60 days of closing. Live at that residence for at least 6 – 12 months after move-in.

What is a letter of intent to occupy as primary residence? ›

A letter of intent to occupy is a concise legal document that you write stating your intention to live in the home you're mortgaging as your primary residence. Your primary residence is important because it ties directly to certain tax benefits and usually a better mortgage rate.

Does VA allow for non occupant co borrowers? ›

Non-occupant VA loan co-signers

With a VA loan, the person co-signing your mortgage must live in the home with you. You can't ask someone living in a separate house — like a parent or relative — to help you qualify.

Why does the VA need a nearest living relative? ›

The VA requires all mortgage applicants to furnish a form designating a "nearest living relative". It's not a standardized, official VA form but rather a letter or lender generated form stating who the veteran's family contact is in case the VA has lost touch with the borrower.

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