What To Do When Sellers Leave Things Behind: Can You Haul Away Junk?

Who Owns the Abandoned Items?

After the closing date, the buyer is the official new owner of the property and, in turn, has the right to everything on the property. In the eyes of the law, if the former owner were to set foot on the property after the closing date, this would be trespassing. Therefore, under the law, the new buyer owns any abandoned items and property that were left behind.

Now, this may not be what a new buyer wants to hear, because it means that it is technically their responsibility to haul away junk. However, there are several ways to prevent this. You can set your move-in day a few days after closing to double check the property and make sure that everything has been removed. If it has not, you can contact your real estate agent so that they can alert the seller’s agent and have the items removed.

Additionally, you should always make sure that you do a final walk through before closing. This can ensure that any contractually obligated repairs have been completed and that the seller’s items have been removed. If they haven’t, this can serve as a reminder that they need to haul away junk before closing.

What To Do With Abandoned Items

In short, any abandoned items that have been left behind are free reign. You can choose to keep them, donate them, or hire junk removal and hauling services to remove them.

When sellers leave their items behind, it is often a breach of contract. Usually, contracts state that personal items and any property that the seller is not contractually obligated to leave behind such as appliances need to be removed before the move out date.

While you can seek out a reimbursement for the cost of the junk removal since it is a contract breach, it is still your responsibility to remove the items. This can be frustrating, but know that there are options. Many junk removal companies even offer same day pickup!

Conclusion

When sellers leave junk behind after escrow has closed and the new owner is in possession of the time, they forfeit their rights to all of the items that are left behind. While there’s a chance they may have left behind some hidden gems, it also means that it’s the new owner’s responsibility to haul away junk.