Believe it or not this actually happens on rare occasions. You might have purchased a house and signed the closing documents only to find out when you go to move in that the seller is still living in the house and refuses to leave. What do you do now? Can you just throw them out? Call the sheriff and have them arrested for trespassing?
The answer to both of these questions is no. If you are unfortunate enough to have one of these situations arise you’ll need to make a call to a local real estate lawyer and have him get a warrant signed by the judge of whatever court resides over landlord-tenant issues for unlawful detainer.
This warrant will then be served by the sheriff’s department on your holdover seller. The squater will be given a court date to show up and argue his case. If the judge determines that the squater is unlawfully holding over, or if the squater just doesn’t show up to court the judge will sign an order stating that he must remove himself and his property. If he will not leave then the sheriff will remove him and his property.
Just remember, don’t take the law into your owns hands and try to evict him yourself or put his property to the curb. If you do this then you could be liable for any damages incurred.