Help needed. Sister bought a house but the seller now wont move out.

[JulesMaximus]

Originally posted by: BUTCH1
Quote "You can't just "boot" them out on the streets. "
No, if they were renting the property you could not just boot them out. But since these
people are just plain tresspassers at this point they might not have any of the legal
protections ( ex. proper evicition notice) that landlord-tennant law provides.

They certainly don't have the status of trespassers either! They do not have any 'right' to be there but you can't just go up to them and threaten or harrass these people either or it will be your ass they haul off to jail.

Seek legal advice.

 

[Lvis]

I would drive down to the police station and inquire as to what, if anything, they can do. If they can't help, I guess you get a lawyer. Maybe down the road sue them in small claims to get "back rent" and attorneys fees.

No doubt the laws dealing with this will differ from state to state.

Maybe you could shut off the utilities? Having no water or electricity might get them off their ass. 😀

 

[ElFenix]

Originally posted by: Red Dawn

Originally posted by: BUTCH1
Quote "You can't just "boot" them out on the streets. "
No, if they were renting the property you could not just boot them out. But since these
people are just plain tresspassers at this point they might not have any of the legal
protections ( ex. proper evicition notice) that landlord-tennant law provides.

You need to give them a 3 day notice to quit and then you would have to take them to court. The court would then give them a date to vacate and order them to pay a prorated amount of rent (usually based on the going rate for rent of that type of dwelling) If on the date specified for them to vacate (usually 30 days) they haven't left you would then contact the Sheriffs Dept and they would force them to vacate. I use to be a Property Manager in CA and I have had to go through this BS on numerous occasions.

CA sucks. this may be different because there is was never a tenant-landlord relationship, though.

 

[Eli]

Don't listen to all these fools, it's all contradictory and nobody seems to know what they're talking about, plus the fact that the laws are different in each state even if they do know.

Contact a local real estate attorney immediately.

 

[FoBoT]

Originally posted by: Eli
Don't listen to all these fools, it's all contradictory and nobody seems to know what they're talking about, plus the fact that the laws are different in each state even if they do know.

Contact a local real estate attorney immediately.

^^^

 

[richardycc]

tell your sister to pull a "sleeping with the enemy."

 

[wyvrn]

Originally posted by: Blindman
is it just that simple?

I was trying to find a website on how to clear this situation.

hum . . . hate to call the police and they say they cant do anything.

and the people that wont leave mess up my sister's house prior to finally forcing them out of there.

. . .

Ok you are GUTLESS then. I believe it would be either the sherriff or constable that would remove the squatter. Contact the city and get the paperwork started already! What the hell are you waiting for? If your sister owns the house, then TAKE IT.

 

[Red Dawn]

Originally posted by: ElFenix

Originally posted by: Red Dawn

Originally posted by: BUTCH1
Quote "You can't just "boot" them out on the streets. "
No, if they were renting the property you could not just boot them out. But since these
people are just plain tresspassers at this point they might not have any of the legal
protections ( ex. proper evicition notice) that landlord-tennant law provides.

You need to give them a 3 day notice to quit and then you would have to take them to court. The court would then give them a date to vacate and order them to pay a prorated amount of rent (usually based on the going rate for rent of that type of dwelling) If on the date specified for them to vacate (usually 30 days) they haven't left you would then contact the Sheriffs Dept and they would force them to vacate. I use to be a Property Manager in CA and I have had to go through this BS on numerous occasions.

CA sucks.

Could be worse, could be Texas

this may be different because there is was never a tenant-landlord relationship, though.

Not really, you just can't put someone out on the street without having to go through the proper legal procedures.

 

[mcveigh]

what would happen if you went in while they were gone... took all their stuff out.. I mean ALL, took it to the dump or something. change the locks and then play dumb when they move in????🙂
they call the cops... you say "officer I don't know what they are talking about here is my paperwork I bought this house over two weeks ago." 🙂

 

[cliftonite]

Wasnt there a realestate attorney to look over the contract?

 

[ElFenix]

Originally posted by: Red Dawn

this may be different because there is was never a tenant-landlord relationship, though.

Not really, you just can't put someone out on the street without having to go through the proper legal procedures.

the procedures could very well be different and not take as long when it is a sold house and not an apartment rent

 

[allisolm]

3. After closing seller refuses to move out. What can the buyer do?

Answer: The buyer must first furnish a five-day written notice for the seller to move out. If the seller still refuses to move out, the buyer must file an eviction proceeding in Superior Court, not Justice Court.


This from here. AZ firm so may be different where she is, but sounds very much like what Red Dawn said.

 

[allisolm]

Double post goblin at work.

 

[Red Dawn]

Originally posted by: ElFenix

Originally posted by: Red Dawn

this may be different because there is was never a tenant-landlord relationship, though.

Not really, you just can't put someone out on the street without having to go through the proper legal procedures.

the procedures could very well be different and not take as long when it is a sold house and not an apartment rent

Nah, just like tenants you serve them with a 3 day notice to quit and when they don't you take it to court where the judge will rule in your favor and give them a certain amount of time to vacate and order them to reimburse you rent and court costs. If they don't vacate by that date then you contact the Sheriff and they will force them to vacate. Actually it's a very basic procedure that I am sure is uniform for most of the country.

 

[Red Dawn]

dp

 

[Danman]

So many double posts in this thread........😛

 

[Beattie]

This is not a case of eviction... it's a case of tresspassing. Call the cops and they will go get the people out right away.

 

[Savij]

I seem to remember some states allow the seller a certain amount of time after the deal has been sealed to move out. I think Alabama allowed 30 days when my parents sold their house about 8 years ago..

 

[Red Dawn]

Originally posted by: Beattie
This is not a case of eviction... it's a case of tresspassing. Call the cops and they will go get the people out right away.

And you know this how?

 

[EyeMWing]

Originally posted by: Red Dawn

Originally posted by: Beattie
This is not a case of eviction... it's a case of tresspassing. Call the cops and they will go get the people out right away.

And you know this how?

There's no renters agreement. Back up a pair of huge rental trucks tommorrow morning and give them their last chance.

 

[DannyBoy]

Originally posted by: Beattie
This is not a case of eviction... it's a case of tresspassing. Call the cops and they will go get the people out right away.

FFS, this pisses me off, 4 people have found the relevant information and procedures and STILL people come out with this tresspassing sh1t. FFS, READ :|

 

[DannyBoy]

Originally posted by: EyeMWing

Originally posted by: Red Dawn

Originally posted by: Beattie
This is not a case of eviction... it's a case of tresspassing. Call the cops and they will go get the people out right away.

And you know this how?

There's no renters agreement. Back up a pair of huge rental trucks tommorrow morning and give them their last chance.

Oh right you have proof of this do you? That you have to have a renters agreement?

Hmm yeah number 3 has "What to do if the TENANT refuses to move out" Doesnt it?

Edit:

The buyer MUST FIRST

 

[Eli]

Originally posted by: DannyBoy

Originally posted by: EyeMWing

Originally posted by: Red Dawn

Originally posted by: Beattie
This is not a case of eviction... it's a case of tresspassing. Call the cops and they will go get the people out right away.

And you know this how?

There's no renters agreement. Back up a pair of huge rental trucks tommorrow morning and give them their last chance.

Oh right you have proof of this do you? That you have to have a renters agreement?

Hmm yeah number 3 has "What to do if the TENANT refuses to move out" Doesnt it?

Edit:

The buyer MUST FIRST

Like I said, NOBODY HERE KNOWS what they're talking about... Probably mostly since it differs from state to state

You need to contact someone who does immediately so you can learn your(and their) rights.

 

[Red Dawn]

Originally posted by: Eli

Originally posted by: DannyBoy

Originally posted by: EyeMWing

Originally posted by: Red Dawn

Originally posted by: Beattie
This is not a case of eviction... it's a case of tresspassing. Call the cops and they will go get the people out right away.

And you know this how?

There's no renters agreement. Back up a pair of huge rental trucks tommorrow morning and give them their last chance.

Oh right you have proof of this do you? That you have to have a renters agreement?

Hmm yeah number 3 has "What to do if the TENANT refuses to move out" Doesnt it?

Edit:

The buyer MUST FIRST

Like I said, NOBODY HERE KNOWS what they're talking about... Probably mostly since it differs from state to state

You need to contact someone who does immediately so you can learn your(and their) rights.

3. After closing seller refuses to move out. What can the buyer do?

Answer: The buyer must first furnish a five-day written notice for the seller to move out. If the seller still refuses to move out, the buyer must file an eviction proceeding in Superior Court, not Justice Court.

OK so I was wrong regarding a 3 day notice, it's a 5 day notice. It's been over 10 years since I was a Property Manager. However you are 100% correct that he should seek advice from a professional regarding this situation rather than depending on advice from people who aren't in the business.

 

[miniMUNCH]

I would just like to point out that this is why you either get the best agent you can from a high reputable company or do all the work yourself. Having done both...I'm going with the agent from here on.