Legal Question in Landlord & Tenant Law in Massachusetts
last months rent
i paid first and last to my landlord. the house is going to be taken over by the bank if she does not sell it within 6 weeks. i have a lease and as i said paid last months rent. do i have to leave and if so will i get last months back from the bank or is it the landlords responsibility?
2 Answers from Attorneys
Re: last months rent
If it is sold at foreclosure auction, the bank will not likely get the last month's rent from the owner, and will not owe it to you. The new owner at auction probably will not get the last month's rent either. If it is sold before that to a buyer, the landlord is supposed to turn over the last month's rent to the new owner, but if she is having financial difficulties, she has probably spent it already.
Whether you have to leave or not is unclear from what you have said. The new owner may want to keep you as a tenant. If you have gotten a notice to quit from the present owner, you probably should not do anything, but it is not possible to give you a definite answer without more details.
Re: last months rent
Ask the lalndlord if your last months rent is in an escrow account separate from landlord's funds. If so he is responsible to pass it on to any new owner and you should hold either responsible to apply it to your last month's rent if you leave which you need not do until you get a valid notice to quit from the title owner. Good Luck!
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