How long must I wait for a Section 8 tenant to move out so that escrow can close on VA town house?

Question

Attention real estate experts! I have made a $1,000 earnest money deposit on purchase of a twon house in VA. Six weeks have passed and tenant has not moved. Social case worker had not found another Section 8 (subsidized rent) residence for her.and is on vacation. How long must I wait before I am justified in canceling the deal and having my $1,000 returned? Or must I wait indefinitely at the mercy of the Section 8 tenant? What is the seller's responibility.

Answer 1

Most likely, you should have insisted on buying an unoccupied house. The seller is responsible for selling only unoccupied houses that occupiable. This house would not meet the occupiable condition. So, depending on the State laws, you must be able to cancel the transaction, after giving a reasonable amount of time to the seller.

Answer 2

It all depends on what is in the contract of purchase. Is there a "time is of the essence" clause in the contract? This phrase has been interpreted to mean about thirty days past the scheduled closing date. If the tenant's lease has expired and the tenant is on a month to month then in Virginia you can file a 30 day notice in District Court. Most jurisdictions will schedule a hearing within two weeks and the sheriff (who evicts) comes out within 21 days.

Good Luck

Answer 3

I don't know the answer to you question but i may have a way of helping you. If you can afford to do it a good way to get someone to move is to go to them politely and tell them if they will move out in the next 2 weeks you will pay for the moving van(usually 50-100$) to me its money well spent. You can approach them saying i know money is tight for you now and I would like to make an offer to help you out a little.That way you don't seem like a jerk and you get what you want for very little money. Do not however agree to give them the money but only to pay for the moving van.

Answer 4

Bad news. A sale does not affect a section 8 lease. It is still valid. Read the lease and see what the landlord's options are to terminate. Landlords can only terminate for specific activities. Have you tried to pay them to move?

Answer 5

This is a tough one. Did you notify the tenant and/or caseworker of your intentions prior to the sale/purchase? You did not say if the property (where the tenant is) is in Chicago as their contracts, (section8) are usually for one year.

Answer 6

ok first-do no longer enable somebody circulate in pre-inspection. If the properties does not pass (and HUD inspections are actually not the comparable as usual inspection) then the enterprise can no longer pay the hire. I worked for a Housing Authority and landlords did this all the time-enable somebody circulate in before the inspection, takes 2 weeks for an inspection, place fails, take 3 weeks to get maintenance and re-look into and then they are disillusioned to discover that those 5 weeks are actually not paid with the aid of the enterprise. you may desire to touch your locl Housing Authority and ask to talk to the Sec 8/Housing determination Voucher supervisor. communicate this technique with them and locate out what they anticipate of the landlords. you want to have a ood working dating with them because you will could desire to touch them whilst subjects arise. as quickly as you have the information from them, then be sure no be counted if it is on your ultimate intrest to hire at their fee. additionally, be useful to ask them approximately issues like who will pay the version in case your fee is over industry fee, what occurs if somebody skips, what occurs if there are damages. because some HA's have differing regulations you may desire to talk to the only you will artwork with. sturdy success. only save in mind that purely approximately 10% of Sec 8 renters will reason a concern-only like a number of different group of renters-yet you do right here extra unfavourable approximately Sec 8 and you have that stigma that's no longer continuously desreved. it is worth finding into working with this technique. you will locate your community HA telephone variety interior the government component to the telephone e book. -----Please call you community HA. i replace right into a public housing supervisor and we additionally did sec 8 from our place of work and you may desire to verify all information with the enterprise you will artwork with. no longer all wil back pay-i will inform you many human beings who have been given a rude awaken call from letting somebody circulate in early and the unit failing inspection. no longer attempting to scare you off-only be sure which you do are pronounced first. And maximum HA's would be happy to furnish you information on the approach as there are actually not many landlords which will take sec 8.