Are we allowed to go inside our house?

Question

My husband and I bought a house. We closed on the 25th of July and gave the woman 30 days from closing to get out. When she first accepted our offer, she said she would try to be out on closing day because she knew how excited we would be to move in. Then she said it would be a week after closing. Then AT closing, she said it would be a couple of weeks. Then my Realtor talked to her the other day and she said she would try to be out by Saturday (which is today).

Anyway, we gave her 30 days (which looking back was a mistake). She got our hopes up that she would be out quickly, but it's been 15 days. The thing is, the house didn't seem to be lived in at all. I think it was just staged. Most of her things were already packed back when my husband went to watch the home inspection.

Anyway, can my husband and I go inside when she's not there (she's never there) and see what all she's got left to pack? Or is that illegal to go inside our house?

Answer 1

If you gave her 30 days, after your closing, then she should be paying you rent.  If you said she could stay, but the property is in your name now, you have every right to go on the property.  If you have closed and the Deed is in your name, it's yours.  In a sense, she is now your tenant.    

Answer 2

no, like the other posters said.

This is the reason you should NEVER settle UNTIL the seller (or tenant) is OUT and you inspect the property.

Answer 3

if you gave her 30 days then legally you cant go in there until the 30 days are up

Answer 4

Technically no. You gave her in writing and sign all documents that give her until the 30.  

Answer 5

Your Realtor did you a grave disservice and when this fiasco that he caused ends, you need to report him for malpractice to the state.

You have no idea of what a serious position he has put you in.

In the future, NEVER, EVER, EVER agree to allow a seller to remain in the home after closing...NEVER.

Congratulations, you are now a LEGAL LANDLORD.

The first day that she remained in the property past the closing date, she went from owner to tenant.

Now any remedy you would have had to get her out is now legally gone, and you have to sue her and evict her just like any other landlord.  Unless she has contracted to pay you rent, she doesn't owe you any without this in advance.

Here are other things you are not considering:

1.  Violation of owner-occupied property.  If the mortgage company does a random audit of the property in the first 30 days and discovers you haven't even moved in yet, they have the legal right to call your note due.

2.  Your hazard insurance is worthless...b/c full coverage DOES NOT cover the property until you move in...and you haven't.  So if it burns...guess what?  You have the wrong policy to cover it.

3.  If she gets hurt on the property, guess who is liable?  You are.

Congratulations on entering the occupations of landlording!!!!