can i report to police if the seller has moved out but refused to give us the key?

Question

We bought a house two months ago by a short sale. But seller still lived in until last weekend. They moved out in the weekend but so far we have not received the key. Should we call police to get in with his permission and replace the lock? It is frustrating that the list agent does not corporate with my agent at all. It may be because we refused to give some money to the seller as he indicated that the seller needs money to move out. But now, they moved out ...

Any advice from you would be greatly appreciated. Thanks.

Jon Klaus · Answer

You own it,  They are gone.  Change the locks and take possession.

Scott Hubbard · Answer

I do not think you need an eviction laywer, but I would still proceed with caution.

I would caution you about just taking possession without giving notice of your intent to enter.  In many states, this could be considered illegal entry and if the tenants are there, they could get you into trouble.

You must understand, you verbally allowed them to stay thirty days and then allowed them to stay additional time after that.  In most states, this is an implied agreement and you need to follow the same laws you would as a landlord evicting a tenant.

Since you cannot be sure that they have left, then notice should be given.  If you are unsure of your laws or there are signs the tenant may still be there, then you should consult an attorney/ paralegal to formally file for eviction.

1.  You need evidence of abandonment or at least serve notice that your planning to enter the property.  You can easily check your local laws but 24 - 48 hour notice is sufficient.  If you cannot reach them by phone, you can post a notice on the front door.

2.  After the time has passed, then get a locksmith to let you into the property.  You may need to provide proof of ownership and a driver's license, passport other ID.

3.  If there are clear signs that the tenent has left such as turned-off utilities, furniture has been removed, etc., then have the locksmith rekey the locks.

5.  If it looks as though they are still living in the property, then you will need to formally file for eviction.

6.  Document any property that may have been left behind.  Take photos of the place and document any items left behind as well as any vandalism that may of occured.

7.  If there are any items left behind catalog and store them for the appropriate amount of time set forth by your local personal property laws.

5.  If vandalism has occured, then call the police to file and file a report.  You may need this if you wish to file a claim with your insurance company and/or file a civil suit.  If there is vandalism and it appears that they may still reside in the property, then the police report can help you to speed up or substaniate the eviction process.

If you have insurance, I hope you got a renter's policy.  If you did not, then you may very well not be covered for any damages.

Early in my inveting career I made the mistake of entering a property that I thought was abandoned.  Turns out the utilities were off becuase they could not afford to pay them.  I changed the locks and they called me several hours later complaining they could not get in.  On top of this, they called the police to report that money was missing and accused me of stealing it.  I had several laborers with me to help me clean up the place and one of them could have taken the money, or there may have never been any money at all.

Long story short, I ended up allowing to stay in the property for 30 days, restored the utlities, and extended their lease for an additional month without charge.  It ended up costing me more than $2K in the end.

Good Luck!

Justin S. · Answer

The police won't do much for you.  Call an eviction lawyer and see what your best route would be at this point.  Did you agree to it that they could stay that long?

If there are clear signs of abandonment (no beds, utilities off, etc.) then I would change the locks and move in but only after speaking with a lawyer.

Joel Owens · Answer

Yes don't just assume because it is junk or that utilities are off that they have left.

Even if they don't live their some use the space for free storage.

Each state has specific property disposal laws that must be followed.So make sure you are following the laws and procedures OF YOUR STATE and not someone else's experience from another state which might not apply.

I can tell you in the state of Georgia that if it appears 500 or more of property is leftover you must file for eviction.

Your local eviction attorney will help you from your state on what is required.

Don't assume things.When you assume things that's when it gets expensive!

When changing the locks a common mistake is changing just the front door or the garage door locks. Make sure you change ALL the locks including front,side,back,and lower basement if their is one.

On REO's listed the former owner has found almost anyway to get back in.

Jon Holdman · Answer

Speak with a knowledgeable landlord-tenant lawyer in your area and follow their advice.

Here we use three day pay or quit notices.  I would post a three day notice.  Assuming you heard nothing from them, at the end of the three days, I would enter the property.  At least two of you.  Video tape everything and take pictures.  If its empty and the power is shut off, they have "quit".  Change the locks and move on with your life.  This would work in CO, though better if you actually get the keys.  No idea where you are or what your laws are.  Spend $200 and speak with a lawyer.

Marc Freislinger · Answer

It's generally unethical to give the seller money, or even let them stay longer, as sellers of short sales are not supposed to gain anything at all.

Personally, if the contracted "possesion" date has passed, and the house is empty, I'd just change the locks. I see no reason to get the police involved, and they probably wouldn't do more than tell you it was a civil matter anyway.

George P. · Answer

that is why you don't allow the owners staying in the property after the closing. When you were buying the property, they felt you were helping them. Now they feel you have ripped them off. 
Proceed with attorney's advise.

Marc Freislinger · Answer

They are only tenants (squatters) if they are living there.

If the property is clearly abandoned, I wouldn't see why there would be any issue with taking possession.

Checking with a lawyer never hurts though.

Justin S. · Answer

I would do what Scott said above.  They are tenants in this case, and they do have rights whether you intended for this to happen or not.  By the way, an eviction in my state only costs $350, so it is a nice peace of mind.  If they have possessions in the house and you trash them, they could come back after you.  An eviction will help you from this.

Will Barnard · Answer

yes, you hold title, have a locksmith come out, present the documents that you own the house and take pictures and or video of the place on the day you do it noting it was vacated by previous occupants.

can i report to police if the seller has moved out but refused to give us the key?

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