Legal Question in Landlord & Tenant Law in Massachusetts

new owner of 3 decker with tenant living there

I recently purchased a 3 decker home from my mother. Both of us have our own apartment in the building. The remaining floor is occupied by a month to month tenant under verbal agreement. I was not involved in that original rental. My sister was with my elderly mother through the entire process. As new owner, I gave 60 days verbal notice of a rent increase. (first rent payable to me is due 11/1/06. Increase will be for 12/1/06. Tenant has informed me they will not be paying rent for December due to improvements made to the apartment. Tenant is vague about date they will be vacating, and has refused to meet with me to go over a rental agreement that I require as the new owner of the home. Tenant's first rent payment to me is due Nov 1,2006. What do I do if she doesn't give her notice that day (she told me she will not pay Dec 2006 rent - I became owner on Oct.25,2006), and she still does not agree to sign an agreement?


Asked on 10/29/06, 8:52 am

2 Answers from Attorneys
Joseph Murray Joseph M. Murray, Esq.

Re: new owner of 3 decker with tenant living there

You must give a proper written 30 day notice to quit to terminate the current tenancy accompanied by written notice that a new tenancy will be offered at the increased rent.

Retain an attorney. this is an area fraught with traps for the unwary!

Good Luck!

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Answered on 10/30/06, 5:42 pm

Re: new owner of 3 decker with tenant living there

First of all, rent increase notifications should always be made in writing. Since purchasing the property you allowed the tenant to occupy on a month to month basis you should give a 30 day notice to quit in writing on the last day of October. Ideally you should be able to prove that the notice was given.

For a formal guide you might want to check the Mass Trial Law Libraries on line. If you have more questions, please do not hesitate to contact me.

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Answered on 10/29/06, 10:49 pm


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