It is common: a sibling never moved out, a tenant has an old lease, or someone unknown is inside. How you handle the first few weeks can affect the sale.
Help when the home is not empty
- 20+ years of Brooklyn and NYC real estate experience
- Free preliminary comps and a detailed CMA for families and attorneys
- Third-party vendors coordinated, so you make one call
Key takeaways
- Do not change locks or shut off utilities.
- Removing an occupant generally needs legal process.
- Write down who lives there and since when.
- Compare occupied and vacant value.
The estate sale journey
Death notificationVerify and gather records
Inventory assetsIdentify the property and costs
Court hearingsYour attorney handles the court
Property valuationComps and market analysis
Strategic marketingQualified buyers, once authorized
ClosingTitle, debts and distribution
See each stage in our Brooklyn probate and estate sale process.
Services to line up once the property is vacant
Vendors are independent third parties. We coordinate them, and the person with legal authority decides what gets done. While anyone lives there, do not re-key, install cameras or remove belongings unless your attorney says so.
Your options
| Option | Trade-off |
|---|---|
| Sell occupied | Faster start, usually a lower price |
| Deliver vacant | More buyers, more time and legal cost |
| Agreed move-out | Your attorney should document it |
Avoid costly mistakes
What not to do
- Do not change the locks while someone lives there.
- Do not shut off heat, water or electricity.
- Do not remove belongings or threaten anyone. New York penalizes unlawful evictions.
Before you share details: we are real estate brokers, not attorneys or tax advisors. Legal, court and tax questions belong with your attorney, accountant and tax advisor.
What to do
- Call your attorney first. Removing an occupant generally requires legal process, and the right one depends on who the person is.
- Write down who lives there, since when, and whether they pay anything.
- Collect any lease, rent receipts and messages.
- Confirm that the insurance carrier knows the property’s status.
Selling with someone inside
- Some buyers purchase occupied homes, usually at a lower price.
- A vacant delivery often reaches more buyers, but it takes time and legal cost.
- Sometimes the parties agree on a move-out arrangement, which your attorney should document.
We can show you market value both occupied and vacant, so that you and your attorney can compare the options.
Frequently asked questions
A sibling lives there and will not leave. What now?
Speak with your attorney. The answer depends on the will and who has authority.
Can I sell with someone inside?
Sometimes. Some buyers purchase occupied homes.
What if I do not know who is inside?
Do not confront anyone. Call your attorney and, if there is a safety concern, the police.
Helpful public resources
Related reading
Mendy Lipsker, Founder and CEOMendy Realty Inc. is a licensed New York real estate brokerage. 718-751-0738.
This is not legal or tax advice. Consult with your attorney, accountant and tax advisor. Mendy Realty Inc. is a licensed real estate broker only. We are not attorneys, accountants or tax advisors. Equal Housing Opportunity.
