Legal Question in Landlord & Tenant Law in Massachusetts
Leases and Life Estate Landlord
My landlord granted a life estate of the property to his son. The landlord is very old and I do have a lease with him. What happens when the landlord dies and his son takes over the property? Is my lease still valid? Can the son raise the rent? Can the son make me move before the end of the lease?
Thanks
1 Answer from Attorneys
Re: Leases and Life Estate Landlord
A successor owner of real property in which a leasehold has been granted should honor the terms of any existing written lease. Your landlord's son is not permitted to raise the rent or change the terms of your exising lease. In addition, the new landlord is required to maintain your security deposit and last month's rent properly and for your benefit just like the old landlord (assuming your old landlord was doing so).
This analysis changes if you do not have a written lease, but have, for example, a month-to-month or tenancy-at-will. When a lease term ends (either at the end of a month or at the end of your written term), the new landlord is not required to keep you as a tenant.
If you have any further questions, or you are unsure whether either your old or new landlord is properly handling your security deposit or last month's rent payments, please do not hesitate to contact my office.
www.vaughnmartel.com
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