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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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