My wife and I have found a great little multifamily home that will fit our financial situation perfectly. We want to use this as our primary residence both as a practical means and also to keep in line with FHA loan requirements. This is not just going to be an investment home.
The catch. All three units are currently rented. 2 of the units have leases that expire in early 2014 and one of the units is a month to month lease. How do we, both ethically and legally, ask the month to month tenants to leave?
If there are any delays, and we have to wait for the tenant to find suitable housing, could a loan based on us using the property as a primary residence be jeopardized?
None of the prior answers addressed your last paragraph. If you are seeking a loan based on using the purchased property as your primary residence, there is usually an affidavit that you have to sign at closing indicating it is your intent to occupy the premises within 60 days after closing - and I believe this is a requirement of an FHA loan. You should therefore be sure that the seller's notice to the tenant to vacate is a final date within that period, to avoid any question that you might not have had a reasonable intent to occupy the property within the period.
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Divorce / Separation Lawyer
NJSA 2A:18-61.1(L) will allow you to enter into a contract to purchase the building with a specific statement in the contract that you want that unit vacant as you intend to personally occupy the unit after closing. The seller will be required to give that tenant a two month notice to quit. You should retain counsel to represent you in the purchase and address this issue.
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Lawsuit / Dispute Attorney
Ask the month to month tenants to leave and if not done use the eviction process. Month to month tenants know that notice is likely coming. Use the law and the ethics of the law to guide you.
You just need to provide the notice required under California law to the month to month folks. To save yourself some aggravation, it might be worth it to run things by an experienced landlord attorney.
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