You are here:
- Home
- Real Estate
- Home Buying/Selling
- Buying or Selling a Home
- buying a house with section 8 tenant
Buying or Selling a Home/buying a house with section 8 tenant
Advertisement
Question
Good Morning I am concern..I am buying a house in NJ closing is at the end of the week. I went to the house for a pre final inspection to find the tenant still lives there. Her lease is not up until DEC. 2009. I stated that I wanted the house vacant at closing. The owner says he did all he can do to help her find a place and she needs another month. If the tax credit didn't end in Nov. 31st i would have said we can wait to close, but not only wasn't I notified of this matter, I already purchased home insurance what are my options...upset/but i do want the house, but I don't want tenants. stump? any advice
TRISHA--
You might want to check with an Attorney on this,as my providing you with "legal opinion, advice or guidance" could be taken as "practicing laws without a license," BUT I think you should CLOSE as scheduled so as to BEAT the deadline for the Tax Credit whether the Tenants are out of the House or not! Additionally, I think that you should sign & file a CERTIFICATION OF INTENT TO OCCUPY as your Primary Residence in 30 days OR AS SOON as the Section 8 Tenants are re-loated.Further,if the Tenants have not vacated by your Closing & Recorded Ownership of the property, I think you should properly filing an EVICTION Notice and have them SERVED per the Laws of your State, County or City.
But, again I must advise you that I am NOT an Attorney and what I THINK you could do should NOT be taken as"safe"actions to take.his is complicated and you could end up "losing!" Your Section 8 Tenants may have some special rights,your local Housing Authority may have HUD Regs to follow for eviction of Tenants on HUD-subsidzed Rent Progams, YOU NEED TO GET A LAWYERS ADVICE ON THIS MATTER.Only an Atorney can provide you with the COURSE of ACTIONS you should take to ensure no loss of the Tax Credit by going beylnd the Deadline Date, no loss of OWNER/OCCUPANT Status which would render you ineligible for First Time Homebuyer incentives,no violation of the LANDLORD-TENANT ACT as it pertains to evictions, etc.
If you can't afford one-hour CONSULTATION with a local Lawyer, contact your nearest Chapter of the Bar Associtio and/or Legal Assistance Group.
Good Luck!
--JIM
Related Articles
Answers by Expert:
- Dick Dennis
- Jessica Bryan
- liznarr
- Hans Weber, Licensed Broker Associate
- Sue Bernstein
- Karyn Foley
- Dottie Worthington
- Jim Root
- Russel Ray
- Connie Wildasinn-Broker,GRI,RealtorŪ
- Todd C. Menard
- Diann Tonnesen
- John Hendricks
- Jay Denit
- Matt Heisler
- Lisa Webber
- John
- Laurie Stephenson
- Marvin G. Bobbitt, III
- Nori J. Muster
- Sharon Huneycutt, Realtor, Associate Broker, GRI, e-PRO
- CJ Brasiel
- Jeff Kessler
- Kathryn Hisert
- Emily
- Ted Lewis
- Kerrin Kostelic, FL Broker Associate, GRI, AHWD
- Tim Norris
Jim Root
Expertise
How to select the right Real Estate Salesperson & Loan Officer--ones who will serve your best interests! House-hunting tips & suggestions on selection of the home best for your family needs. Introduction to the Home Buying Process & all the "Players" involved.What is of utmost important to the Homebuyer? Real Estate Contracts & Negotiations, Appraisal needs, Title Co. involvement, Home Inspection issues& the Closing/Escrow systems, etc. Whatever your question, the answer will follow, whether from personal knowledge or research! Gale, shown here with me, has been a Real Estate Office Administrator, licensed Realtor & has served as my Research Assistant over the years!
Experience
Over 30 years as a "Real Estate Professional." including Real Estate Marketing & Sales, Appraisal work, Mortgage Banking & as a Realty Officer with U.S Dept. of HUD's FHA Homeownership Division in Alaska, Washington & Idaho! Some experience in Montana, California, Utah & Nevada markets!Knowledge of National Markets by continuous Research!
Organizations
Former member of Nat'l Ass'n of Realtors (NAR) & Mortgage Bankers Ass'n of America (MBAA). Currently with National Association of Review Appraisers & Mortgage Underwriters (NARA/MU).
Publications
Published in various local, state, regional & national Real Estate-related magazines & newsletters!Co-author of various Govt. publications on Homeownership, Appraisals & Mortgages while with HUD/FHA.
Education/Credentials
Associate Degree in Real Estate Studies plus:
Numerous Real Estate-related Courses conducted by the U. S. Government & Private Industry over the past 30 years.
Bachelors Degree in Mass Communications,
Masters Degree in Education/Teaching
Awards and Honors
Professional Designations: Certified Residential Originator (CRO) from MBAA, Registered Mortgage Underwiter (RMU) & Certified Review Appraiser (CRA) from NARA/MU. Outstanding Peformance Awards for 10 of the 12 years with HUD/FHA & numerous Sales/Listing Awards while a licensed Real Estate Agent.
Past/Present Clients
No longer selling/listing Real Estate, nor Appraising properties, nor working in the Mortgage business, this "Real Estate Pro" serves as Director of a Company that provides Professional Development Seminars & Workshops to the "Real Estate Industry" and provides free (as needed) & fee-paid (on a sliding scale) consulting & inspection services to members of the general public.Your questions will be answered without "salesmanship" & with your best interests in mind!
©2012 About.com, a part of The New York Times Company. All rights reserved.