Is summary Eejection of person after a sale of home legal?

UPDATED: Oct 1, 2022

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Is summary Eejection of person after a sale of home legal?

If a seller does not leave a home after the sale are they trespassing? How do you remove a seller who refuses to leave after a sale?

Asked on October 25, 2017 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The only legal way to remove the person is a by a legal action (lawsuit) called traditionally an action for "ejectment"--your state might have a different name. "Ejectment" (whatever it is called) is basically eviction for non-tenants--it's how you remove someone who did not break in but rather, at at least at some point, has permission to be there, and who is not a rent-paying tenant. It is a fairly "technical" action in terms of the notice, paperwork, service, etc. requirements; while you may legally bring it yourself, and can likely get basic instructions and/or forms from your county court, either in-person or online, you are *strongly* advised to let an attorney help you, since even a small error can force you to start over. A landlord-tenant attorney should also know how to bring this type of action.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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