Once you’ve closed the deal on a new home, one of the most exciting parts is loading up your possessions and finally moving in. Rather than starting fresh in your new place, you find the former owners’ belongings and are forced to address some of their old issues. Unless the items are part of a negotiated home sale, sellers typically agree to clear their homes before moving out. But some previous homeowners have left behind entire houses full of junk, making clearing the house a real nightmare for new owners.
The sellers’ abandoned clutter certainly isn’t what you were expecting to see on the first night of your new place; staring at it isn’t going to make any difference. If you’re uncertain about what to do with your junk, don’t worry; we’ve covered it. Here are answers to some of our client’s most common questions about this issue.
Get Everything In Writing
The most suitable way to avoid this issue is to take steps before you close. Unfortunately, there needs to be a standard provision in the purchase agreement that deals with sellers leaving items behind after closing. To ensure that the seller’s personal belongings and even garbage are removed from your property on time, you should include such a stipulation in your contract with the real estate agent.
Moreover, if the seller does leave things behind after moving out, your contract should specify that you now own those items and are free to dispose of them as you see fit. You could agree on an amount that will be removed from the deal of your home to cover the costs of removing all abandoned items. You may also consider a penalty provision under which you can sue for monetary damages if all belongings are not removed in time. However, you should anticipate that to protect your interests; it will be necessary to delay the closing or moving date if this becomes necessary and file a small claims case for breach of contract.
Check the premises one last time before closing day.
By inspecting the home with your agent before moving in, you can ensure that it’s empty and ready for occupancy. Checking to ensure that appliances work as they should also is a good idea—as well as checking to see whether the sellers have removed their personal belongings. Open all cabinets, drawers and storage spaces. Take photos so the agent can present them at closing if there’s anything that shouldn’t be in a particular room—like boxes of old dishes or clothes in the attic.
It’s important, though not required, that you perform a final walkthrough to ensure the seller has upheld their part of the agreement. Many sellers are just as anxious about moving as you are and may have forgotten items they were storing in your basement or garage. If your parents still need to begin packing, now is the time to tell them they need to start.
Contact the seller
If you’re faced with a house full of junk left by the previous owner, there are still ways you can deal with it.
You’re now the owner of any items left behind by the previous homeowner. You can negotiate with them as you see fit—there’s no need to get in touch with the seller if you choose to throw out anything from home. If you want to resolve the issue with the seller in a friendly manner, explain that their items are still on your property.
Sellers who accidentally leave their items, particularly those high-value ones, might agree to pick up their belongings. However, be wary of vague promises or “I’ll get those next week” arrangements from owners whose garbage was intentionally left behind. If they did not appear after you waited for them to follow through, it’s a good idea to take photos of the items and get an estimate for removal. Then send these along with payment so that the seller can make arrangements.
Get legal advice from your lawyer.
If the previous owners refuse to remove their possessions or pay for removal, you may be able to take legal action. Consult a lawyer about what steps are necessary for your state and town. You may file a suit against the company for breach of contract. However, these cases can take months, and you may not receive any money from your claim—even if you win.
Decide whether to keep, donate or sell your unwanted items.
Considering all the stress involved in moving, it’s understandable that you’d prefer to have your belongings hauled away rather than go through someone else’s things. But if you’re motivated to make the most of what the previous owner left behind, see whether or not any of their furniture might suit your purposes. Since buying and moving included some expensive upfront costs—not least for movers— maybe you could benefit from a few free yet still functional items: home decor and kitchenware. You can donate, sell, or discard your unwanted items. Just do whatever feels right to you!
Hire a junk removal company
Unfortunately, if the previous homeowners left behind practically worthless things (like old newspapers), irreparably damaged or broken, you might not find anything worth keeping or donating. It makes room for your belongings in the new house; it’s best to hire a junk removal company specializing in hauling trash and unwanted furniture. You can finally start unpacking by removing the things you no longer need!
Conclusion
Dealing with belongings left behind by previous homeowners in your new house can be a frustrating and overwhelming experience. It is important to take steps before closing to ensure that the seller’s belongings are removed from the property on time and to specify in the contract that you will own any items left behind. You can also protect your interests by performing a final walkthrough before moving in and contacting the seller if necessary. If the seller refuses to remove their possessions or pay for removal, you may need to seek legal advice to determine the best course of action. Ultimately, it is important to be proactive in addressing this issue to avoid potential disputes and ensure that you can fully enjoy your new home.