Legal Question in Landlord & Tenant Law in Massachusetts

landloard

I have a 4 year lease, but my landloard passed away, is my lease still legal


Asked on 12/13/07, 11:52 am

2 Answers from Attorneys

Re: landloard

Yes your lease is an obligation on the property so unless it provides for termination upon the death of the landlord it is still good.

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Answered on 12/13/07, 12:34 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: landloard

Your lease can be enforced against the landlord's estate. You should get an attorney versed in estate law to make a claim, as the landlord's family may want to sell the property. You want to make sure that the lease is given priority.

As this is a lease for more than one year, my memory (very OLD memory, almost 20 years old) is that the lease can be recorded at the Registry of Deeds. You should confirm this and, if my memory turns out to be worth trusting, seek to RECORD the lease.

These steps will put you in a better position to deal with the heirs if they want to sell the property out from under you.

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Answered on 12/13/07, 4:21 pm


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