Selling your home doesn’t just mean giving your keys and collecting checks. This is a legal and logistical process with specific liability. One of the most common questions that sellers ask is, “What do you legally have to leave when selling a house?”
Whether you upgrade to a new home in Dallas or shrink to a Seattle condo, it’s important to understand what you’ll be staying and what you can do. In this guide, we will break down exactly what you need to leave when selling your home, what you can take with you, and the grey areas you need to know to keep your sales smooth and stress-free.
Items you must leave (equipment)
When deciding which stays and what happens during home sales, the most important distinction is between equipment and personal property. Equipment is considered part of the home and must remain by law or contract unless otherwise stated in the purchase agreement.
Built-in appliances: One of the frequently asked questions is, “What kind of appliances do you leave behind when selling your home?” The answer usually includes built-in appliances. Think wall ovens, sheds, dishwashers, and built-in microwaves. These items are generally considered fixtures as they are integrated into kitchen cabinets or electrical/piping systems. If built-in, it usually stays. Connected structures: items fixed to decks, pergolas, sheds fixed to concrete, or carports fixed to homes or property must stay. These structures are part of the value of the home and cannot be simply demolished and taken away without prior agreement. Lighting fixtures: When selling a home, you are usually expected to stay on light fixtures, especially if you are stuck with an electrical system. Chandeliers, ceiling fans and pendant lights are all considered fixtures. If you have special or sentimental lighting fixtures you intend to hold, it must be specifically excluded in the listing or removed before your home is on the market. Window Treatment: This can be tricky, but most window treatments are considered fixtures such as blinds, shades and sometimes curtain rods. These items are usually attached and integrated into the structure of the room. If you are wondering whether you can sell your home without blinds, be aware that unless otherwise specified, buyers often expect these to remain. Mirror: A mirror bolted or glued to a wall, such as a bathroom vanity mirror, is considered an equipment and must stay there. However, decorative or framed mirrors that hang down like artwork can be taken with you. Landscaping: Surprisingly, for some, landscaping can increase property value and is considered part of a property. It includes hard scapes like trees, shrubs, plants, and even stone paths and walls. If the seller wants to photograph precious rose bushes or ornamental trees, it must be excluded in writing in the contract and ideally removed before the listing photo is taken. Hardware: Cabinet hardware, doorknobs, built-in shelves, and installed storage racks are all considered part of the home’s infrastructure and must stay unless otherwise agreed. Bolted down: Good rule of thumb: If bolted, nailed, or permanently attached, it is a fixture. This includes wall-mounted TVs (brackets, not screens), floating shelves, custom closet systems, and more. If you want to bolt down, you need to make it clear in your purchase agreement.
Items listed in the purchase agreement
Beyond the general rules, a purchase agreement is the last word about what stays at home. If the buyer negotiates to stay a self-supporting refrigerator or washer/dryer and it is in the contract, you are legally obligated to leave it. Always be careful about your contract and make clear your agents and gray areas.
Items you can usually take with you (personal property)
We’ve covered what you have to leave, so let’s discuss what you are generally allowed to take. These are usually considered personal property and are yours to go outside unless otherwise agreed in writing.
Furniture: Beds, sofas, dining tables and other movable furniture are yours. These items are not attached to the house and are clearly considered personal items. Appliances: While the built-in appliances are staying, freestanding appliances such as refrigerators, washers, dryers and other hair dryers can usually go with you. That said, local customs may not be so make this clear in your real estate contract. If the buyer expects a refrigerator to be included and is not specified in the contract, it can lead to frustration and disputes. Electronics: TVs placed on stands or movable speakers, gaming consoles, and other appliances are your personal property and can be removed. However, wall-mounted brackets or wall speakers may need to stay unless explicitly removed before the list or excluded from the agreement. Personal Items: This is pretty obvious, but all your clothes, personal decorations, books, kitchen items and valuables belong to you. However, do not confuse personal belongings with items that buyers expect, such as window blinds and internal storage. Curtains (occasionally): This falls into a gray area. Curtains themselves are often considered personal property, but curtain rods or rails are usually considered fixtures. Depending on the local customization, the curtains may be left behind. If they are attached to them, remove and replace them before listing them, or explicitly exclude them in your contract.
Other important considerations
In addition to understanding that you have to leave, several other factors will take effect when you are preparing to move out of your home:
Purchase agreements will void everything
A purchase agreement is a definitive guide to what will continue and what will happen. Annul the assumption or verbal agreement. If you are not sure, see the agreement. If you are a seller asking, “Can you leave things behind when you sell your home?”, the contract has your answer.
Disclosure is important
Many states require disclosure of items that do not work, hidden damage, or substances for the value of the home. If you are planning to take something that a buyer might assume comes with your home, please mention it here. Transparency avoids conflict.
Local customs may vary
Real estate practices vary by region. For example, in some areas it is customary for a refrigerator to stay, while in other areas it goes with the seller. Ask your local Redfin real estate agent for advice based on local expectations.
Leave some useful extras
Sometimes the law doesn’t decide whether you should or should not leave, but the general courtesy does. Ask yourself: What should a seller leave behind for the buyer? Electronic manuals, extra paint cans, garage remotes, keys to sheds and outbuildings, or even welcome notes can go a long way in creating goodwill during closure.
FAQs about what to leave when selling your home
Can you sell your house without blinds?
Yes, but that may raise a question from the buyer. If blinds are installed and considered fixtures, they are generally expected to stay. If you plan to delete them, specify this in your list and contract.
Do I need to leave my appliances when I sell my home?
Normally you need to leave a built-in appliance, but unless the purchase agreement says otherwise, you should leave a freestanding appliance like a refrigerator or washer/dryer.
Can you sell your house without a stove?
In most cases, built-in stoves are considered fixtures and must stay at home. Selling a house without one can have a negative impact on the buyer’s profits unless agreed on terms of purchase.
Is it illegal to leave things behind when you sell your home?
While leaving things behind is not necessarily illegal, it can lead to legal issues when you violate the terms of the purchase agreement and the remaining items are excessive, undesirable, or dangerous. Always check with your agent for what is acceptable.
How clean is it when selling a house?
Local customs vary, but most buyers expect the home to be in “clean broom” condition. Please check the contract. Some contracts specify the level of cleanliness required.
Can I sell my house and leave everything behind?
Only if agreed in writing. It is possible to sell fully furnished homes and “AS-IS” real estate sales, but transparency is important. Buyer must agree to accept all remaining items. Otherwise you may face additional costs for removal.
