I am currently under contract on a 4 unit multi family rental property
. We have concluded our home inspection
, and the home inspection contingency is in the process of being removed over the next 3 days it will expire. When we ratified the contract, all 4 rental units had contracts for $1000 each. The other day, we were inspecting the 4th unit because originally there was a hostile tenant that denied us access at the first home inspection. Upon inspection, we found significant mechanical failures, electrical
safety issues, and what appears to be presence of black mold. There were also tenants that were in the process of moving into the property. Apparently, the seller signed a 1 year rental contract with his niece at a rate of $600 per month. The realtor that is a dual agent mentioned to the seller that the buyer is not happy with this situation of a reduced rate, and due to the condition of the last unit, the premises needs to be vacant at closing. He is not willing to agree to these terms. I feel the seller has breached the contract by leasing the property for a lower amount, when I purchased and entered a ratified contract at all 4 units generating $1000 month each. Is there any way I can force the seller to have the tenant vacated but not lose the deal? I do not want to have to deal with relocating a tenant, and putting them up in adequate housing
because I know there is black mold in the property. The home inspector took samples of the microbial growth, and he said he is 99% sure it is mold, but only the lab can make that determination. I also know that if a landlord has knowledge of mold, they must re mediate within 5 days in Virginia. If the mold comes back positive and we are 3 weeks from closing, and the home inspection contingency has been removed, what can force the current owner to either re mediate the mold, so I don't have to, or move the tenant out?I need to know my rights under this ratified contract. My goal is to have the tenant out so I can perform the repairs and remediation without being liable to low paying tenants.