What are the legal obligations of a new homeowner if the previous owner leaves furniture in the house after moving out?
Last Updated: 03.07.2025 01:05
As the time narrows down - for example you gave them 10 day notice, then keep calling every other day until the 24 hour notice manifests. KEEP all recording (a video/audio is very helpful here).
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However, this was quickly appealed! While rejected twice, the third time, it was approved. Another hearing came up, while a different Judge presided.
AGAINST THE PREVIOUS HOMEOWNER:
It doesn’t matter how it ends up, 99% of the time the previous owner loses!
So you could imagine when I handed the son the key to “bring it back” to the Charity, the Director’s reaction. After all, they had all paperwork with warranty / limited warranty to give to the Charity!
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Technically, anyone can sue! However the Judge looks at the original closing. The Failure of the Previous Owner is not the fault of the New Owner! If it is not in writing, the previous owner has no case!
If you have all documented proofs that YOU made all attempts, the Judges often sees this as “being nice when you were not required to do so”.
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The Judge repeatedly asked for proof! Their sister could not!
Once we were in court:
This is where it became very interesting → their Sister tacked a “LIEN” on the property for $1.5 million, which the property wasn’t even worth anywhere NEAR that!
By this time, I had already upgraded, updated, and sold their parent’s old home; until a couple months later the NEW home owners filed suit against me?
In Florida, Slander of Title is a tort, which means that it is a civil wrong that can be remedied via a lawsuit.
What I did was contacted a Charity to “rent” their small box truck, I told the Director the problem and they were in “dire need”. The Director didn’t believe me at first, until I told him to speak with them directly, I CALLED them and told them to explain to this Director your situation. By the time he (previous Home Owner) was half way through the laundry list, immediately the Director said “Never mind, we will permit the usage of the Box (truck)!”
Several things:
Financial Problems
Birth of child(ren)
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Criminal (where one or two were arrested/jail)
(It was very easy to see it wasn’t their parent’s house at all, for one thing, Florida does not have mountain ranges in the background!)
Bad weather
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If you had moved in, at least be nice, advise them to come back and pick up the remainder of items left in house, they have 10 days to pick it up or they will be donated to charity, yours, or disposed of.
Judge awarded the win to me.
I told them to “wash and wax” the Charity Truck, because “the charity donated the use of the truck” and did not “charge” → they went so far to DETAIL that truck where it never was so “pristine”. The fuel was “Full Tank” they also changed the oil, and the other son who’s a mechanic with his friends, did a tune up, having brand new glow plugs (diesel). And a brand new battery was put in, as well as oil change! Two tires were “replaced” (because they were worn, and needed it) from picking up one from the Junk Yard, and the other took it to his Uncle’s Tire Place to be mounted and balanced, instead the Uncle there decided to install 4 brand new tires (it’s a small local Box Truck) at “no charge”.
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Well, their Sister hired a lawyer (!) and that was when I found out their sister (residing in California), made “drastic” claims that “I” stole a laundry list of stuff. Their Lawyer demanded that I “surrender” or pay $xxxxxxxx (unrealistic sum of money) of “stolen goods”.
They were “expecting” me to fly to their “California” Courthouse, in fact, that lawyer tried, and I had filed a counter suit, they had to be here at the place of “occurrence” which was in Florida! I had subpoena the two brothers.
Death of “Extended” Family (which are not “next of kin”) unless see above *Executor/Executrix*, they are normally limited to “one step over”, so this means if your 3rd Cousin died, regardless how close one might be, Judges do not ‘see’ this.
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Broken leg/arm (where surgery is required - ie: pins, brace, etc)
Organ failure, in hospital, can be in critical to serious condition
You would think “all was well.” NOT!
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About 95% of the time, the stuff that are left behind are now yours!
2) If the Previous Owner had disclosed that they will return to pick up remaining furniture (usually within the 10–30 days).
Death in family (must be next of kin, not some distant family member)
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Slandering of Title is a CRIME!
ANOTHER EXAMPLE:
Judge again, awarded the favor to me, and then also ordered the brothers to be paid twice the amount for their time!
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Judge reviewed the “claim”.
Issues with Closing on other property (for example, the previous home owner brought a property but at closing on their end, there were issues - such as Mortgage, Inspection, etc)
The Home Owner allowed their 2 sons (who also lived nearby) to meet at their old home and to load up stuff and take it over to their “new home”. Their sons helped a lot because they had friends and buddies who also had pick up trucks. At least 3/4th of the stuff that were left behind were now over to their property while their Parents were “out of the area” handling the Estates of their dearly departed!
The previous Owner had, multiple problems! Death in Family, Emergency Surgery (met the criteria), loss of (foster) child due to DUI, and if it wasn’t one thing it was another! The movers never even showed up, so they had to “charge back” and file a suit against the local movers and lost money on that because “moving company went out of business”.
She couldn’t answer it, she just “assumed” that when xxx had passed, it was verbally promised to her dad or her mom! Just because it was “verbally promised” does not mean that he/she had it! Judge had to advise her “Even though they “might” have had it, they could have sold it!”
Yes, you might have to “put up with it” or if it is all possible → maybe work with the former home owner to move it into a nearby storage and offer your assistance!
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Movers came with the wrong size truck or Movers had “truck issues”
Well, if contact was made and there was sudden death in family and the previous owner DID notify you, due to “60–90 day” (local laws varies but this is the normalcy). And you, the New Owner was made aware of. You “may” be liable!
So I learned they had a “sister”, she was the oldest! Not sure what happened to their mom, but I was slapped with a “lawsuit”! I phoned the brothers (I had their number) and they were confused why I was slapped with a lawsuit, but their oldest sister was the Executrix of their mother. They told me they would try to find out, they were NOT close with their sister!
This leaves the other question: CAN THEY SUE ME?
In very rare cases, the original owners are going to pick up the remainder! They often leave a note, like on the refrigerator or contacts the new owner. There’s reasons why it got delayed.
IN FAVOR OF PREVIOUS HOMEOWNER:
After learning from the brothers, the Judge asked her “Can you prove that this xxx (item) was in your parent’s possession? If so, at what time and when?”
1) At closing, if it states items left at house are included
In medical cases: Depending on type of medical, Judges can go “both ways” in favor of the Former Homeowner or against! I’ve known some cases personally where the Judges went:
When the new home owners informed me about this, I went back to the Title Company (alongside with the New Home Owners) and I saw who put it there! I knew who she was, and what did we do? File “SLANDER OF TITLE” against the sister.
After almost 2 months had passed on, while the former Home Owner “downsized”, they were still nearby. In fact, they touched bases with me often.
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As a New Owner of that property, you just had to feel the frustration of the former Home Owner! While THERE WAS NOTHING REQUIRED ON MY END, it’s called “Being Nice!”
The lien was removed by the Judge, and even today, that woman still owes us money. From what I learned from the Younger Brother, their sister is divorced, homeless, broke, and stuck in California!
That previous owner could verify every-thing!
Motor vehicle accident that left person or people involved injured
Executor/Executrix of Estate of recently departed (NOTE: This does not necessarily mean that it was a family member, it could be anyone!)
If you followed me you would see the example of one Home Owner that never returned to pick up their items, and gave the new home owner a run around, and went so far to call the Police and in addition, causing damage to the New Home Owner’s property! They lost the lawsuit! Not only did the statue of limitations expire, but to the fact, both previous Home Owners were arrested and charged!
The list above is NOT exhaustive!
Medical/Death Emergencies
One property I purchased.
Communication is very important!
Like the smarter middle brother said to his sister “how come you know all about this stuff, but once you left (high) school, you ran off, got married, and lived in California, and only made 2 trips for the holidays to be with Mom and Dad, and hardly ever wrote or called Mom and Dad? And we’ve been here for eternity and been in and out, if those stuff existed as you claim, we would have known about it!”
Well, one problem, if it was “her mom’s or dad’s, why was it at their Aunt’s house? Great Aunt’s house?” Yes, I had to subpoena the two brothers again! Thankfully the brothers told the Judge where those photos were located. They know for a fact, their Mom and Dad didn’t have it, it was taken in the 50’s, 60’s, 70’s at xxxx’s farm or house!
The great idea is to move their stuff to a more secured location - such as in a garage, piled up. If you do not have a garage, then put it all in a room.
The “claim” the sister had, which she “stated” she had found the documentations and photos of such said some of the items on that list.
Why 11 months? Well, their dad passed! Their mom wasn’t doing very well. Like I said, “we kept in touch”. Once their son picked up the final contents. It was done.
Trauma
The Sister made “drastic” claims of a laundry list that I stole. But yet, she could not provide proof that such were in existence! In fact, the brothers, when confronted by the Judge, didn’t know their parents even had or owned it.
Now in the event of Medical / Death → you might be stuck with holding them up to 60–90 days!
I moved their entire home contents to a local storage, some of this stuff were to be boxed and labeled by the movers!
What about the other 1% of the time?
So we sued her and won!
The remainder of the 3/4th of the stuff, we just boxed them and moved them to the garage, to be picked up at a later date, it stayed there for almost 11 months, before one of their son swung by to make a couple of trips to pick up the stuff left behind.