Seller having issues evicting Section 8 tenant as sale condition.

2 Replies

Hello all. I'm buying my first property via FHA owner-occupant. A two-family house; seller agreed to evict a section 8 tenant as terms of the deal (I'll be living in that unit woke renting out the other).

Although my funding from the bank was approved mid June, the seller waited until July to serve notice to quit (original targeted close date was July 29). It was served by July 16, and a good friend who's a section 8 tenant says that since that tenant was served by the 16th, she had until August 16th to leave.  My agent informed me Thursday that the tenant not only had not vacated, but doesn't want to. And the seller (who has been a step slow this whole process) is not confident he can have her out by the Sept 1. Mind you, I was scheduled to receive my final closing date this past week.

My agent believes the seller "slowness" is due to inexperience. I already have my lawyer looking into what happened and what kind of options I'll have going forward. I've already asked for the seller to comp me having to pay an extra month rent at my current residence plus fees for extending my rate lock. While I'm forced to wait, what should the seller be doing to get that tenant out asap?

Thanks. 

Originally posted by @Cerwin Haynes :

Hello all. I'm buying my first property via FHA owner-occupant. A two-family house; seller agreed to evict a section 8 tenant as terms of the deal (I'll be living in that unit woke renting out the other).

Although my funding from the bank was approved mid June, the seller waited until July to serve notice to quit (original targeted close date was July 29). It was served by July 16, and a good friend who's a section 8 tenant says that since that tenant was served by the 16th, she had until August 16th to leave.  My agent informed me Thursday that the tenant not only had not vacated, but doesn't want to. And the seller (who has been a step slow this whole process) is not confident he can have her out by the Sept 1. Mind you, I was scheduled to receive my final closing date this past week.

My agent believes the seller "slowness" is due to inexperience. I already have my lawyer looking into what happened and what kind of options I'll have going forward. I've already asked for the seller to comp me having to pay an extra month rent at my current residence plus fees for extending my rate lock. While I'm forced to wait, what should the seller be doing to get that tenant out asap?

Thanks. 

 If the tenant refuses to be moved out by the specified time, the current owner may be forced to evict, which could push everything back even further.

402-965-1853

Sec-8 rules vary widely by jurisdiction.  You should call the local office and find out directly from them what notice is required to terminate a tenancy.  It may be 60 days, or you may have to wait until their lease is up. 

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