buying property with section 8 tenant - california

5 Replies

Hi BP Family,

I have opened escrow on an investment property in California. There is currently a tenant in the property that rents section 8, and per the signed contract between the seller and I, they have already given her a 90 day notice to vacate. Part of the agreement is that she will be in the property when we close escrow, as the 90 day notice will not be up by the time we close escrow. I also have the choice of negotiating a lease with her if I would like, but after looking into section 8 housing, it is not something I want to do and I would like to rent to someone on the free market. What are my options here? I know I can't be forced to rent to the current tenant, but I am worried about a situation where the tenant would not leave the house and I would have go down the path of eviction. The tenant is currently month to month and has been at the property for a few years. I can't be forced to rent to that tenant, right? Especially since I am not even a section 8 approved landlord (and I will not be applying to be one)

What is the best way to go about it during escrow? Should I just wait it out? Or should I try to contact the tenant's case manager? The tenant is aware of the 90 day notice but I am new to the situation and I am not sure about what I am supposed to do as the future landlord. Any help is appreciated as I am a bit worried about the situation.

Thanks

If she is on a month to month lease then all you can do is give if her notice to vacate which you already did. I would probably go by and introduce myself and make sure she received the notice and offer to help her find another place. Tenants usually move when asked by a new owner.

Yes I have spoken to section 8 about it and they said as long as the current landlord already gave the 90 day vacate notice there is nothing else I would need to do, except start the eviction process of the tenant does not leave. 

Why are you discussing starting an eviction already? Has the tenant indicated to someone that they are not moving? Section 8 tenants are usually very compliant when asked to move because they can just get a new voucher. I wouldnt be so quick to jump into an eviction discussion just yet. A little patience usually goes a long way.
Best of luck to you

As long as you are on top of the regulations and are prepared simply sit back and see how it plays out. The smart thing to do is to prepare yourself for a eviction and hope she leaves at the 90 day mark. It's just business.