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  1. #1
    Sugaluv40 is offline Junior Member
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    Purchased Home (currently occupied by tenant), not informed tenant is Section 8 (CA)

    What is the name of your state (only U.S. law)? California

    We just closed escrow on a SFR in California on Dec 3. The home is currently occupied by a tenant. We were informed by the seller's realtor that we could give the tenant 30-day-notice upon our ownership, as we intend to move in to the home as soon as possible.

    Upon going to deliver the 30-day-notice to the tenant today, I was informed (by the tenant) that she is on Section 8 and therefore requires 90-day-notice. This was never disclosed to us by the seller, and we were told on multiple occasions that a 30-day-notice would be sufficient. Additionally, the purchase contract clearly stated 30-day-notice would be required to vacate the premises.

    We are upset that this information was mis-represented/withheld from us, and it greatly impacts our plans for moving in to the property and beginning necessary renovations (for insurance purposes).

    What is our recourse at this point? Thanks in advance for any thoughts.
  2. #2
    FarmerJ is offline Senior Member
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    tenant being on section 8 does not matter , being told on multiple occasions that a 30-day-notice would be sufficient does not matter, Additionally, the purchase contract clearly stated 30-day-notice would be required to vacate the premises. Again this doesnt matter, what does matter is what the tenants lease says , the realtor should have made available to you a copy of the lease when you requested it. Ask tenant nicely if you can meet them and get or go somewhere with you providing the ride and make a copy of the lease for your records. Then attempt to get a copy of the lease from former owner, What should have been part of your closing and your realtor or atty should have advised you that proof of proper notice that was issued to the tenant terminating the rental lease would be provided to you at closing.
  3. #3
    FlyingRon is offline Senior Member
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    Yes, it depends on the lease, but FarmerJ is wrong that section 8 doesn't matter. Section 8 requires 60 (not 90) days notice that you aren't renewing the lease. Then you have to understand what sort of lease it is that you won't be renewing and when that renewal comes up. Of course if the tenant is month to month, it can work out to being close to 90 days when it all comes down.
  4. #4
    FarmerJ is offline Senior Member
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    I am not wrong, a valid lease is a valid lease no matter if it is section 8 or a non assisted renter who pays rent with out any program helping them , the terms of the lease are what stands! If new LL wants to end the lease the new LL must follow its terms to do so!
  5. #5
    FlyingRon is offline Senior Member
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    Yes, but my point was that if the lease expires (or month-to-mont continues) you need to give 60 days to a section 8, so it isn't strictly true that it doesn't matter.
  6. #6
    DeenaCA is offline Member
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    The previous owner executed a contract ("HAP contract") with the local housing authority. That contract transfers to the buyer when a property changes hands. Here's the HAP contract: [url]http://www.hud.gov/offices/adm/hudclips/forms/files/52641.pdf[/url].

    You should review parts B.14 ("Assignment of the HAP Contract") and C.8 ("Termination of Tenancy by Owner"). The notice requirement for termination of tenancy is determined by the terms of the lease and state law. The 60 day notice requirement is for rent increases. There is no HUD requirement for 90 days notice unless you obtained ownership due to a foreclosure.

    You should also note that your ability to terminate the tenancy depends upon whether the lease term has expired. If a fixed-term lease is in effect, the owner's right to terminate is limited.

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