Real estate lawyers reveal why calling police won't help when a previous owner refuses to leave your new home

August 16, 2026 - 05:02

You closed on the house. The keys are in your hand. But when you pull up to your new driveway, you see the previous owner's car still parked there, and their furniture is still inside. It is a nightmare scenario, and real estate lawyers warn that it happens more often than people think.

The first instinct for many new homeowners is to call the police. But attorneys say that will likely get you nowhere. Law enforcement officers are trained to handle criminal matters, not civil property disputes. If the previous owner claims they have a right to be there, or simply refuses to open the door, the police will usually tell you it is a civil issue and that they cannot force anyone out without a court order. In some cases, they will not even respond to the call.

The real problem often starts before you even buy. If you agree to a "rent-back" or a "post-closing occupancy" where the seller stays for a few extra days or weeks, you are creating a legal gray area. Once they are in the house after the closing date, they are no longer a seller. They are a tenant, even without a lease. And tenants have rights.

If that tenant stops answering your calls and refuses to leave, you cannot change the locks or throw their belongings onto the lawn. That is an illegal eviction, and it can land you in serious legal trouble, including fines and a lawsuit against you. Instead, lawyers say you need to start the formal eviction process through your local courts. That means filing a legal notice, waiting for a hearing, and then waiting for a sheriff or constable to physically remove them. This process can take anywhere from a few weeks to a few months, depending on your state.

There is one thing you can do to protect yourself before you ever sign the closing papers. Have your real estate attorney include a clause in the purchase agreement that states the seller must be out by a specific date and that they will owe you a large daily penalty for every day they stay past that date. This gives you leverage and a clear legal path to recover costs if they overstay. Also, hold back a portion of the sale proceeds in escrow until the house is empty and you have the keys in hand. That way, the seller has a financial reason to leave on time.

If you are already stuck in this situation, do not confront the person directly. Do not threaten them. Hire a local eviction lawyer immediately. They will guide you through the paperwork and the court dates. It is slow and frustrating, but it is the only legal way to get your home back. And next time, never hand over the money until the previous owner is out for good.