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Here's a story on a cash sale where the seller won't leave.
Realtors, what is this legally? I don't understand the talk about the moratorium on evictions. This was never a landlord/tenant situation. Isn't this illegal occupancy or trespassing? It was a cash sale that was fully executed beginning to end.
Here's a story on a cash sale where the seller won't leave.
Realtors, what is this legally? I don't understand the talk about the moratorium on evictions. This was never a landlord/tenant situation. Isn't this illegal occupancy or trespassing? It was a cash sale that was fully executed beginning to end.
After I consult my attorney to understand my position, I would pull the electric meter and turn off the water and lock the valve. Then I would wait for them to leave, at which time I would gain entrance and secure all the doors with new locks.
After I consult my attorney to understand my position, I would pull the electric meter and turn off the water and lock the valve. Then I would wait for them to leave, at which time I would gain entrance and secure all the doors with new locks.
RM
In some states, that could get you arrested.
I had a situation of a man and his wife who were living in my father's home rent free when he moved out. My father died less than a year later and they did not want to have to move out. We needed them out since we were trying to sell the property and they had no contract with my Dad, only a verbal agreement.
We gave them almost a month to vacate the premise (long before the Covid pandemic). We wanted to do the very things you suggested and a close friend who was an active cop warned us not to do so. There is a process to remove squatters and it doesn't usually favor the homeowner or make it easy in many states.
I had a situation of a man and his wife who were living in my father's home rent free when he moved out. My father died less than a year later and they did not want to have to move out. We needed them out since we were trying to sell the property and they had no contract with my Dad, only a verbal agreement.
We gave them almost a month to vacate the premise (long before the Covid pandemic). We wanted to do the very things you suggested and a close friend who was an active cop warned us not to do so. There is a process to remove squatters and it doesn't usually favor the homeowner or make it easy in many states.
But the OP case isn't squatting. A property has to be unoccupied to claim squatter's rights.
We had some concerns about the sellers on the house we recently bought not being gone by closing due to some comments they made to the realtor. We made it clear that we expected the house to be empty at the final walkthrough the night before closing. It was. Seems like that would be a normal thing to require, no? I suppose the seller could still refuse to turn over the keys, but if all the furniture and such has been removed that would be a pretty good sign to me. Did that not occur here?
But the OP case isn't squatting. A property has to be unoccupied to claim squatter's rights.
Exactly. That and it's assumed that title has conveyed to the new owners, as the description says they closed on the house. That means that legally the house is theirs.
You have to occupy an abandoned piece of real estate for several years to claim adverse possession. In some states, you also have to pay property taxes (which the seller hadn't even been doing). This is just plain old trespassing.
I'm not a lawyer, but it doesn't look like a situation like this is covered by the CDC moratorium on evictions, which comes with lots of conditions and does allow certain evictions--it's probably a California thing, where they've outstupided everybody with the "strongest eviction protections in the nation."
We had some concerns about the sellers on the house we recently bought not being gone by closing due to some comments they made to the realtor. We made it clear that we expected the house to be empty at the final walkthrough the night before closing. It was. Seems like that would be a normal thing to require, no? I suppose the seller could still refuse to turn over the keys, but if all the furniture and such has been removed that would be a pretty good sign to me. Did that not occur here?
My thoughts exactly. Don’t go to the closing table without doing a final walk thru. I also learned this lesson the hard way ..... old owners were still there when we arrived with the moving truck. We flew in for the closing and did a final walk thru and the house still had their stuff there but it was all packed up. They had some trouble with the movers and our stuff arrived before their movers came to get their stuff. Lesson learned. Now the final walk thru must be done on an empty house or I don’t close.
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