Legal Question in Landlord & Tenant Law in Massachusetts

Landlord/tenant law

How much notice as a landlord, do you have to give a tenant

you are selling the house to someone else? They are all on leases.


Asked on 7/14/03, 9:15 pm

2 Answers from Attorneys

David Baker Law Office of David Baker

Re: Landlord/tenant law

As a general rule, you don't have to give any notice BEFORE selling. Once you've sold, however, notice should be given immediately by the seller, telling the tenants who the new landlord is and where to send rent. The new owner should also send a confirmatory letter. The principal concern here it being sure that the old landlord transfers to the new landlord all of the security deposits and last months' rents, and the new landlord confirms to the tenant that he has them. Failure to transfer can result in liability under Chapter 93A of the Massachusetts laws, which would allow the tenant to get up to three times the amount in damages, plus attorney fees. Good luck to both!

Read more
Answered on 7/14/03, 11:47 pm
Robert Trant Law Office of Robert R. Trant

Re: Landlord/tenant law

In addition to the previous response, please be advised that the sale of the house has no impact on the existing tenant's lease. The purchaser would acquire title subject to the tenants lease. However, in cases where the buyer is going to occupy the house, the purchase and sale agreement usually requires the seller to deliver free of all occupants. If this is the case, the seller would have to negotiate with the tenants to voluntarily vacate prior to the end of the lease. If the tenants are complying with the lease and refuse to move, there is nothing the seller can do to remove them from the house prior to the end of the lease.

Read more
Answered on 7/15/03, 8:31 am


Related Questions & Answers

More Landlord & Tenants questions and answers in Massachusetts