Can a new owner charge old owner rent?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a new owner charge old owner rent?
House was sold ‘as is’. There were 7 small items left in the house that were removed a week after closing. New owner wants to charge old owner rent based on this. New owner has been remodeling house since closing. New owner says he can’t occupy the house because of those 7 removed items even though he is occupying it by working on it.
Asked on June 15, 2018 under Real Estate Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The old owner had no right to leave anything behind--once the sale closes, it is the property of the new owner. If the old owner did leave things behind, he should pay "use and occupancy" for the amount of space they take up--basically, rent. The amount is proportionate to the use those items made of space. Example: say they could fit into and take up the equivalent of one room of a 3 bedroom home. Say the home would rent, in this neighborhood, for $1,800 per month. If the items effectively took up 1/3 of the space for one week, a fair rental might be 1/3 x $1,800 x 1/4 (since one week is 1/4 of a month), or $150.00.
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.