What are you going to do if you're ready move to a new house but the old owner wont leave?

Question

Today, we were supposed to sign the contract and get the keys to the new house so we can start moving in. We have already made arrangements with the movers, set an appointment with the cable company and all those stuff and talked to our leasing office. Then we got a call this morning from the agent and she told us that the wife of the owner will not leave the house and she is staying in the basement. All their belongings have been moved but the wife. We called the agent and she told us that if it's okay with us, we can move in but the wife will stay in the basement until she finds her own place but she can't give us a definite answer on whether the wife really wants to leave the house. We asked the agent to find us a similar house but she said it will still take a couple of days because of paperworks.

What can we demand at this time? We are stressed out from preparing all our things and we are really looking forward to moving this weekend and this happens. Please help.

Answer 1

Sign the contract and move in anyway, ask her to move out, and if she refuses, have her arrested for trespassing.  Then don't let her back in.

Answer 2

call the police, get a T.R.O, or go to court, but first i would see why the old owner is still there and maybe listen and give them a few days if they need it or i would just wait until they are gone and change all locks.

Answer 3

get an eviction notice then get the police to kick her out

Answer 4

I agree with others, 30 days and then notify the police.  You might have to hire a lawyer to have her evicted.  I am so sorry for your problems.  Good luck.

Answer 5

When homes sell the general guideline is the previous owner has 30 days to move out.  If it's less than 30 days there's nothing you can do.  If it's after 30 days, call the police and have her removed.

Answer 6

Well if you hadn't signed the contract yet theres really nothing you can do about this particular house

I don't think the people above me understand that if you didn't sign the contract yet you cannot have the police remove her since it's technically not your house yet.

Answer 7

Sounds like the old owner's wife has some serious mental problems.  If you have a signed contract, the keys to the house, and anything else to show ownership, you can contact a sheriff's office (or police department) to have her physically removed from the basement. The furniture and husband are gone and she has no claim to staying there.  Tell the agent that the woman can move in with her until she "finds a place", as this is now your home, legally. Don't back down!

Answer 8

If there is no contract signed, it isn't your house to move in to : (

Answer 9

Sounds like this is a lease?

If she has no legal right to be there, move in and call the sheriff with your legal papers in hand.

Answer 10

Just do what we did.  Show up with the moving trucks!  They leave, quickly. :)

Answer 11

You might have to go to court to forcefully evict the person, I'd contact your local police or sheriffs department first to see if the person can be removed as a trust passer

Answer 12

( wait until she left the abode, have locksmiths on hand, change the locks) 2 b evil! But if you have the paperwork that says the place is yours, call law enforcement, and have her removed.  Get everything underway so that after a 30day waiting period, or whatever it states in your agreement with the listing agent.  It should move more smoothly.  Or get out your camcorder get the Agents advertisement in there, the house that belongs to you and post this information on You tube.  Century 21 or Re-max won't want bad press coverage and even local news might catch your story and force that agent to take more action.  And the whole world will see that they don't take care of their clients-get the newspaper & local "2 catch a criminal" newsreporter involved.   Everyone will feel pressure to step up and help you after you have made so many arrangements in the proper sequence-you should not have to wait for the, "American Dream." Now go get your house.

Answer 13

Wait, wait are you RENTING this house? If so, they set the terms, there is really not a whole lot you can do.  You are not in a place to make demands.  The only thing you can do is tell them that if the wife does not move out you will not be signing a lease.  Personally that is what I would do.  You can cancel appointments with movers and cable companies.  It will suck but I'd say find a different place.

edited to add: The way the leasing agent is dealing with this situation should be indicative to you how they will deal with other issues that may crop up.

Answer 14

I would ask the wife for rent if shes going to live there while you pay the bills, no free rides.. also.. you could have her removed if you don't want her there, it isn't her house anymore. Contact your constable to have her evicted.

Answer 15

call the police have her forceably removed the end

Answer 16

go to court i if you already signedt han the house is in your name it`s your house if they refuse go to court call the cops or show up with moving trucks

Answer 17

Sounds like you may have gotten a little ahead of your self.  You should have signed the contract and got the keys BEFORE you packed and made all of these arrangements.  With the contract unsigned and no keys yet, the house isn't yours yet.

Answer 18

Sounds like the wife (and the agent) need a little counseling.  Tell the agent you will charge back any fees, deposits, etc. that you lose based on her inability to do her job.  That should make her move a little quicker - maybe she can let the wife move in with her for awhile!

Answer 19

I would tell my agent to get off her behind and get that woman out of the house.  That woman has no right by law to even think that she could stay in the basement and if she insists, sue the agent.

I would just have my lawyer call the agent, the woman will move.

Answer 20

you should just tell the woman that she was supposed to move out by today, so she needs to leave and find somewhere to live. she will put up a fight, but if they were supposed to be out, they need to be out!  it may not be the nicest thing, but its not yur fault that she didnt move out, and u shouldnt have to suffer!