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Buying home with Low-Income Tenant in California

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  • 10-20-2005, 04:19 AM
    schiu
    Buying home with Low-Income Tenant in California
    Greetings,

    I have a very interesting situation that I’m trying to get a legal opinion on. Any help will be _greatly_ appreciated, as I am a first time home buyer and still learning many of the complexities of real estate, and now, the rental domain.

    Here is the situation: I am planning on buying one of my parent’s rental properties through the ACORN program (low to medium income lending program for first time home buyers). I planned on purchasing the property for me to occupy. We have verbally informed the current tenants about six months ago that we would need the property back in the coming months. They are on a month-to-month agreement. Earlier this month we gave an official 60 day notice to vacate, as the ACORN loan is set to close around that time. I wish I could give the current tenants as much time as they need to move, but I am pretty sure the ACORN loan does not allow for rental properties. We used to have a great relationship with the tenants (to the point where no formal contracts were signed), but over the years the relationship has deteriorated. They are constantly late with rent payments and the house looks to be in very bad condition. They have even kept a large dog in the property without our consent. But we have been very patient with them and allowed it. In fact, when they were disqualified from Section 8 assistance, my parents lowered the rent for them.

    Recently, my loan has required an appraiser to asses the property. The tenants have avoided us by not answering phone calls or opening the door. Today, they finally spoke back briefly and mentioned that they have been speaking to a lawyer. Have we done anything wrong? I fear that they will seek low-income relocation payments from me. Do you know what the proper way for me to move into the property?

    Thanks, thanks, and thanks in advance.
  • 10-20-2005, 12:25 PM
    Mr. Knowitall
    Eviction Time
    If the sixty days has passed, your notice was in proper form under state law, and they're still in the property, commence an action to evict them.
  • 10-20-2005, 01:35 PM
    schiu
    re: eviction time
    Thanks for the quick reply.

    Do you know if they are entitled to a relocation payment because they are low income tenants? They've rented for over 4 years.

    Here is a link to the low income relocation ordinance:
    www.oaklandnet.com/government/hcd/ services/docs/summ_of_relocation_ordinance.doc

    Thanks in advance. This is really frustrating, as I am low-income as well.
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