We just purchased a home and property in Kentucky and the previous owners have not turned over the keys to the home to us. They have moved and are residing in a new house, they still have a few things in an outbuilding. We need to know if we can go ahead and legally enter the premises without having a key?
This was a straight cash deal and they had 60 days to move! Time is now up and no we don’t want they’re stuff,just want to get in before weather changes
Expert_Realtor said:
Feb 02, 09 at 7:11 amWhere is the attorney you used?
That is who you need to contact. I can’t believe you closed on home without doing a walk through the morning of closing to make sure that they were out and signed the papers without the keys being handed over to you right then.
jazs said:
Feb 02, 09 at 9:26 amalthough its your house, but you cant enter without their consent, they can charge you.
Bob_D said:
Feb 03, 09 at 11:57 amhell yes,once escrow closes..you move in…. dump there shi#…or be nice and give a few days….. but its yours .. oh yeah,change the locks.
Real_Estate_Guy said:
Feb 04, 09 at 3:02 amUnless otherwise agreed to in writing, at settlement (when you signed the loan papers) you become owners of the property. They keys should have been given to you at that time.
I would give the sellers 48 hours (in writing) to remove ALL!! items from the property or tell them you will be placing it on the curb.
It’s your house.
I_Buy_And_Sell_Houses said:
Feb 04, 09 at 1:01 pmI’m not a lawyer, so this isn’t legal advice. For legal advice, you need to consult with a lawyer. However….
If you purchased the house, it’s yours. You don’t need a previous owner’s permission to enter the house or the outbuilding. (From reading your question a few times, I’m guessing that you didn’t get the keys to the outbuilding, not the primary residence.) It’s your property. You can do as you wish.
As for the items in the outbuilding, that’s a slightly different issue. Again, I’m not a lawyer. However, if the items in the outbuilding were not addressed in the sales contract–if the sales contract didn’t mention them at all–then those items transferred with the property.
If the items were addressed in the sales contract–let’s say it’s a lawnmower and the sales contract either said that the mower did convey or did not convey–then you go by the sales contract. That more frequently occurs with things like drapes, lighting fixtures, and appliances.
As a courtesy, you might contact the sellers and request that they remove any items from the outbuilding. However, as I said above, unless the sales contract specifically states that the items did not convey, then you own them and can do with them as you wish.
Again, for legal advice, check with a lawyer.
Hope that helps.
Your__1_fan said:
Feb 05, 09 at 7:58 pmAfter the closing, the home is yours. Whatever is still on the property is legally yours. They did not give up the keys so change the locks and get new keys. If you really want to be mean you can dump their stuff, sell it, keep it, etc.
La_Vie_Boheme said:
Feb 06, 09 at 2:13 amThe keys should have been handed over at the closing. What did your attorney say? What is in the outbuilding is now yours if you already closed on the house. I’m guessing you can change the locks and move in.
james_a said:
Feb 06, 09 at 7:41 amHave not turned over the keys? The escrow company is responsible for ensuring this is done. Certainly your realtor should have made sure this was done. If you have to dispose of the items in the outbuilding, send a bill to the previous owners for their removal. Also, bill the owners for rekeying the locks, since you don’t know who might have the keys now. If things get messy, hire an aggressive attorney to break off a stick in their a**. They should leave the premises "swept clean."