Can I no-cause evict a section 8 tenant who is on a month to month lease?

Question

Hello Everyone,I am in the process of purchasing my first home. The home is a duplex with both sides rented to section 8 tenants that have been there for 2+ years. To be in compliance with the loan, and to get out of my in-laws, I need to be in the home within 60 days of closing, which means one of the tenants has to go. For reasons unknown, the current owner will not evict them. Vermont allows no-cause evictions, but according to my closing lawyer there is a law that says that section 8 tenants cannot be evicted without cause, and cause would be failure to pay or breaking of the lease agreements. According to the seller both tenants have paid on time and have not broken any of the lease agreements, but are month to month.I have not been able to find any law that says section 8 tenants cannot be kicked out for no cause, and I asked the lawyer to provide that information, but he has not gotten back to me yet (I just asked). I am still within my inspection contingency, so I do have an out at this point, but this home is perfect for me, so I would hate to give it up without doing my due diligence.In the end best case is the tenants leave within the 60 day notice they are given, but my lawyer says if they want to stay that it is well within their right and they don't have to leave if they don't want to.Thoughts?-Ali

Hamp Lee III · Answer

I wouldn't evict a Section 8 tenant without cause. They are in a position where they cannot afford adequate housing. I would find another property. If you evict them, will they find another home in enough time so they may not find themselves on the streets? Now, that may not be your problem any longer, but in our "service" to provide adequate housing for others, we are dealing with real people in need of real help. I'm not trying to get on you about this and I appreciate your question. I'm only sharing my perspective.I wish you all the best.

Ali Mora · Answer

@Hamp Lee III, I wasn't planning on responding to your reply since you didn't address the question I posed, but since you are the only one who has replied I might as well. I'm not some moustache twirling, big city carpet bagger, who is kicking people out of their homes. I'm a first time home buyer lifelong Vermonter who, if you read my post, is technically homeless living with the in-laws. Vermont is a HCOL environment with low housing inventory and this "unicorn" of a home is available to me with this one tenant caveat. So while appreciate you taking the time to respond, in the end, not helpful.Thanks,Ali

Joe Norman · Answer

Why do you need to evict them if they are month-to-month? Just notify them that you will not be renewing their lease for another month long term. Depending on the lease agreements and VT state laws you may have to give them a month or two notice (which you really should do anyway so they have time to find new housing).

Scott Mac · Answer

Have you thought about calling the Section-8 office where they are being handled.It seems like if you speak to the the person that handles them, you could ask your questions, and get answers straight from the horses mouth.Maybe with some lead time, Section-8 could help them and you better, than if you wait until the last minute.If you do not yet own the home, let them know that too, as your sale may not happen for some reason.And take into consideration, does the old owner want the renters to know its for sale or not, if you have not yet bought--you don't want to be the cause of a lost renter(s) for someone if you are just tire kicking.Just my 2 cents

Ali Mora · Answer

Hi @Scott Mac,Yes, I've left a VM and sent an email, so just waiting to hear back from them. The renters know the home is for sale and I am under contract, but still within the inspection contingency, so I still have till end of week to back out. I just want to be able to know all the info before making the go/no-go call.

Bill B. · Answer

@Matt Bishop he can’t do that as it would be mortgage fraud. He’s getting a cheaper rate and a lower downpayment BECAUSE he’s going to live there. The lender is already making the entire investment possible. Let’s try not to screw them for trusting us.

Quincy Lockett · Answer

@Ali Mora If they are truly month to month you’ll only need to give the minimum notice to terminate the lease agreement. Typically it’s 30 days but in Chicago it’s now 60 days minimum. I would serve the notice on closing day. Sec 8 arrangements do NOT supersede state law. I’m sure if you are following the legal process that the bank won’t recall the loan. Just have proof that you served the notice and are evicting (if the tenant refuses to leave).

Matt Bishop · Answer

@Ali Mora, what if you keep the current tenants and find a different place for yourself to live? As long as you make the mortgage payments on time, no one but you will know or care who lives in the property. Section 8 can be a great way to become a millionaire. Get yourself a great property manager and do not try to manage them, yourself.

Darrell Lee · Answer

The Seller has to take action, you cannot as you are not the owner. But check with a lawyer.

Darrell Lee · Answer

As good as my lawyer is, the free tenant lawyer is very good and the judge I had was also biased towards the tenants...