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TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 12070
Experience:  JD, MBA
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I live in NH p and buying a house. The closing date is the

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I live in NH p and buying a house. The closing date is the 31st of this month. Part of the P&S was that all tenant were to be removed prior to closing. One of the tenant has not moved out. She is on section eight and says she has no where to go. The current owner did give her notice and she was suppose to be out on the 15th. If I don't close I lose my rate lock and will end up with higher interest rate. What are my options if I close with her in the property. What will I be faced with. I have a VA Loan.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  TJ, Esq. replied 1 year ago.
Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions. First and foremost, you need to determine whether you are permitted to close with tenants in the property. The VA requires that you occupy the property within 60 days of settlement, but it may not even allow you to close if there are tenants that have not moved. That said, you may be able to get an extension. Accordingly, you should contact the VA to explain the situation and ask about their policy as to these unique circumstances. If you do close the loan with the tenant still in the house, then you will need to evict her yourself. That will mean providing notice to vacate, then filing an eviction suit in court. In court, you will need to prove that you own the property and provided notice to the tenant to vacate. I'm assuming that the tenant does not have a lease. If there is a lease, then the tenant can stay until the lease expires. If you end up being forced to evict, then I would certainly retain an attorney to handle this so that you make sure it's done right the first time. The last thing you want is to handle it yourself, and then find that you made a procedural mistake which costs you time, and then find yourself against the VA occupancy deadline. Another option is to tell the seller that if he doesn't get the tenant out by the closing date, then he is in breach of the contract, and that you will hold him liable for any additional costs that you incur as a result, such as the higher interest rate. That may light a fire and the seller may do what's necessary to get the tenant out ASAP (such as offering to pay for moving expenses, or some other cash offer). If the seller refuses, then you may indeed have a viable case against the seller for breaching the contract (though I can't say for certain without reviewing the contract myself). You may wish to consider visiting a local attorney who can review the contract if the seller refuses to get the tenant out. Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

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