Can You Leave Stuff Behind After Selling a House?
Leaving stuff behind when you sell your house is not good Karma in my humble opinion. Especially if it’s a bunch of trash. However, there are instances when it’s the right thing to do.
Today I will go over when and when you can leave stuff behind after selling a house. I will pull in expert advice from the real estate associates and legal stuff too.
By the end of this article, you will know everything you want to know about what you can leave when you sell your home and what you should take with you.
Can you leave these things?[Rapid fire Q and A]
Can you leave behind trash after selling your house?
You can but is it the right thing to do? I will tell you when you can leave trash and when you will get into trouble if you do.
What do I have to leave behind when I sell my house?
You must leave behind fixtures. Keep reading to learn what fixtures are and if you can legally take your awesome 70-inch flat screen tv.
Is there a way I can take the things I want to take and leave everything else when selling a house?
Absolutely. All you have to do is write it down. If you want to leave something after you move out put it in the contract. I will tell you how.
Selling your house the right way!
Dear concerned and kind home seller,
This is a common sense guide on what you can leave after you sell your house. Together we will dive deeper into the questions above. You will have a clear understanding of what you can leave in the house you sell.
I know that selling a house can be stressful. Trust me I have been there. Because of this I want reduce your stress and clearly answer what you can leave behind after you close on your home. This complete guide is simple, clear, and practical. It is designed for the smart seller wanting to sell their house successfully and move into their new home all the while feeling great about the entire experience.
Are you ready to be that person?
Table of Contents
So much trash in the house I bought...
My name is Jenn. I am a real estate investor in Denver, CO and have been since 2004. I have seen it all. Clean homes and complete disasters. I have been lucky to meet other real estate experts to learn about real estate investing and what to expect. How you should leave a house when you sell it is a very important thing to know.
The other day I went into a house I had bought, and the average new owner would probably have had a heart attack (see pics below). The seller had leave so much trash, junk, and crap behind I could barely walk through the house. But this was perfectly fine because I had agreed to buy the house as-is. This meant I had agreed, in writing, for the seller to leave everything behind. The key is it was written down
When you sell your house, you must write down what you will take and what you will leave behind. This will be written down in the purchase agreement.
Did you know that what you want to leave is part of the negotiations of a real estate deal?
Of course, the sales price is probably the most important thing to haggle over. But you can leave behind some tired old furniture too. It just needs to be in the contract!
Let’s talk more about the purchase agreement AKA real estate contract so that we are both clear on what we can and can’t put in it.
Leave this stuff behind when selling
SUMMARY: You can leave anything behind, legally, if it’s in the contract. If you want to leave the trash, then put that in the contract. If you want to leave broken down car you can put that in the contract too!
Of course, the buyer must agree to it.
On the flip side if there are fixtures you want to take you must record that as well. For example, if you want to take the dining room chandelier then it must be recorded in the contract.
The contract to buy and sell real estate goes by many different names including:
- Real estate contract
- Purchase agreement
- Real estate purchase agreement
- Contract to buy and sell real estate.
The real estate purchase agreement is a legally binding document. Because of this YOU MUST understand everything in it before you sign it. Most often sellers look at the amount of money that is being offered and that’s it!
BUT did you know that you can write anything you want in a real estate purchase agreement. And I mean anything at all.
Examples of what you can leave and how to do it the right way
For example: When you sell your home you could write in the contract that you can leave all your trash behind. If the buyer signs it then your allowed to leave it.
Another example: If the contract states you must include your car when you sell your house and you sign it then you are legally bound to include your car when your sell the home.
While that is not likely I am highlighting the importance of reading before you sign. I am also highlighting that the contract defines what you can and can’t leave behind when you sell your house.
The key is that both the buyer and the seller must agree. To prove you both agree you both must sign it.
You must leave behind fixtures
When you sell your house you are expected to leave certain things behind. For example you are not going to put the entire house on a trailer and drive it away are you? The house is an obvious example of what you must leave but how do we know what else we should leave behind.
The things that you have to leave behind by law are called real estate fixtures. All fixtures must be left behind unless you have written down in the contract (it’s all about the contract…) that you are going to take them.
What is a fixture in Real Estate?
A fixture in real estate is anything that is attached to a house by bolts, nails, glue, or screws. Some examples of fixtures include:
- Lights
- Smoke alarms (they are screwed)
- Curtains and blinds (any window treatments)
- Toilet roll holder, towel rail and any accessories screwed into the walls (I have seen people take these things!)
Some examples of items sellers typically take include:
- Furniture
- Bedding, linens towels et
- Clothes, right?
- Trash???
A few items that are not considered fixtures but are normally left behind include:
- Fridge/freezer
- Stove/oven
- Other larger appliances.
Appliances need to be named in the contract if the buyer wants these left behind because officially, they are not screwed down, the one exception could be the microwave. Because of this when you sell your house or buy one, you will see that the appliances are “named” in the contract as things to be included with the sale of the property. If they were not “named” the seller would not have to leave them behind and could indeed take them when they move.
To summarize this section if you are selling a house and something is bolted to the house then you are expected to leave it behind. These items are fixtures and fixtures stay with the home when you sell it.
Unless…
You specifically name a fixture in the contract. Am I starting to sound like a broken record?
What you must leave versus what you want to leave behind.
Fixtures AKA real estate fixtures, all those renovations, kitchen cabinets, faucets and lights are things that stay when you sell a house and move out. This is the “norm”. This is the law. You must leave these things.
But are there things you can leave that aren’t fixtures?
Appliances are not fixtures but are commonly left behind when you move out. We talked about these already. Can you leave other stuff too?
Things that aren’t fixtures you must take with you. The furniture, bedding, clothes and all your stuff in the garage are all things you need to take when you pack up after selling your house. These are not screwed down so legally they are not fixtures and therefore you do not leave them behind.
Which brings me to the stuff that you want to leave that you think is worthless.
Let’s make this a fun little quiz: 3 simple questions to get my point across because mostly people want to know if they can leave their trash, right?
What you can leave behind when you sell quiz
- Is the trash you don’t want screwed down?
- Is the trash a fixture?
- Should you take the trash?
Hopefully you answered in this order:
- No
- No
- Yes
If you, did you are 100% correct and have graduated to real estate home seller PRO!
In short it doesn’t matter if you want it or not. If it’s not a fixture you can’t leave it behind.
Unless…You can leave anything, you want after you sell if it is in the contract. If you want to leave the trash, put it in the contract and have the buyer sign it. If you do this, you can leave it behind. Or anything else for that matter.
Selling a house as-is
Which brings me back to the house that I recently bought for cash. As you saw, the seller left everything behind when they moved out! They left the fixtures, of course, but they left all their old clothes, trash, and junk. But this was ok because I had agreed to buy the house AS-IS.
As a cash home buyer my job is to make selling your house fast, easy, convenient, and as profitable as possible. Taking out the trust can cost thousands of dollars! The pictures that you see required 2 x 40-foot dumpsters to clear it all out and took a weeks’ worth of labor. That was a lot of money.
What happens if you leave stuff that you weren’t meant to?
If you leave stuff behind when you sell a house that you are not meant to you can get in trouble. Trouble can come in a wide range of ways. The trouble you end up in will depend on how far the buyer wants to take it. If you leave trash, they may require you come back and clean up. Or they may hire a cleaning company and send you the bill. You will have to pay the bill because the law is on their side. Remember trash is not a fixture.
Same too for junky old furniture. If you leave that behind without agreeing to it in writing it could come back to bite you.
Are you clear on what you can leave behind when you have sold your house?
You can leave stuff behind when you sell a house. Some things you must leave behind. These are call fixtures. If you want to leave other stuff behind it must be written in the contract. If you are unsure if you should leave an item in the house, you sold ask a real estate professional. You can ask your realtor on if you are selling your house for cash ask the buyer.
When you sell a house for cash you can typically leave anything you want. Speaking from experience, as a reputable cash home buyer in Denver, we specialize in buying houses as-is. We make selling a house fast and easy. A big part of this is allowing homeowners to leave all their junk when they sell to us.
If you want to sell your house the easy way simple fill out our form online just below. We buy houses in any condition. You don’t have to fix anything. You don’t have to clean. You can even leave all the trash in the garage if you want too!
