The Seller Won’t Move Out – What Should We Do?

Question: The purchase of our Scottsdale home closed last Friday. We were planning on moving into our new home on Saturday, but the seller refuses to leave because he says that his new home won’t close until next Thursday. He promises to move out next Thursday, but in the meantime we are staying in a motel, and all of our belongings are still in storage. Waiting until Thursday is not a major problem, but how can we guarantee that the seller leaves on Thursday, as under our purchase contract he already agreed to leave last Friday?

Answer: In your purchase contract the seller promised to move out last Friday. The seller has broken that promise. Why should you believe the seller’s second promise to move out next Thursday? You could choose to believe the seller, or you can, as the new recorded owner of the home, file an eviction lawsuit after giving written notice to the seller. Unlike most evictions, however, this eviction lawsuit must be filed in Superior Court, not Justice Court. Therefore, you probably need the services of an attorney to file this eviction lawsuit, which should include a demand for your attorneys’ fees and court costs.

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