What to do if I just closed on the purchase of a house and the previous owner who is now refusing to move out?.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I just closed on the purchase of a house and the previous owner who is now refusing to move out?.
I just closed on the purchase of a house. The previous owner who was living in the house is now refusing to move out. What can I do legally to get him out as quickly as possible?
Asked on May 29, 2012 under Real Estate Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You would bring an "ejectment" action, which is an action to determine the rights to possession of property. You have to use the courts--you cannot lock him out on your own, but first need a court determination in your favor, after which court officers (e.g. constables or sheriff's deputies) will perform the lock out. If you are going to sue him to get him out, you should also consider suing for monetary compensation: e.g. to recover the pro rata share of utilities, insurance, taxes, etc. for the period he is unlawfully occupying. Rather than doing this yourself, you are strongly advised to retain an attorney to help you. Good luck.
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 AttorneyPages.com 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.