Regarding a holdover seller, will my home insurance cover any damage or personal injury during the time of the eviction?

How do I protect myself for this kind of event to happen?

Asked on June 5, 2018 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Your homeowner's insurance should cover--at least within the terms of the policy (remember: insurance polices are essentially contracts; like any contract, they only cover what they say they do) so long as you 1) did not lie about or fail to disclose information on the application, and 2) take reasonable steps to remove them and protect yourself--like promptly bringing a legal action to remove the seller. (A failure to take reasonable steps to remove the holdover seller could void your coverate or allow the insurer to disclaim or deny a claim--you can't sit passively by while costs or damage increase.)
A landlord-tenant attorney should be able to bring  a legal action to remove the seller. It is traditionally called an action "for ejectment" (though your state may have a different name for it); it is essentially eviction for nontenants.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Your homeowner's insurance should cover--at least within the terms of the policy (remember: insurance polices are essentially contracts; like any contract, they only cover what they say they do) so long as you 1) did not lie about or fail to disclose information on the application, and 2) take reasonable steps to remove them and protect yourself--like promptly bringing a legal action to remove the seller. (A failure to take reasonable steps to remove the holdover seller could void your coverate or allow the insurer to disclaim or deny a claim--you can't sit passively by while costs or damage increase.)
A landlord-tenant attorney should be able to bring  a legal action to remove the seller. It is traditionally called an action "for ejectment" (though your state may have a different name for it); it is essentially eviction for nontenants.


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