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.
2 Answers from Attorneys
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!
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.