Legal Question in Landlord & Tenant Law in Massachusetts
how does the sale impact an eviction?
My gf Mary rec'd a notice to quit from LL (landlord) A and his attny giving her 90 days to leave (which is fine by her but may need an add'l month til the closing of her new house). Shortly after the initial NTQ she started receiving letters from the same attny but listing Mr. A's son only as the property owner & LL. Appt'ly, Mr. A sold the house to his son abt a month after he sent the initial NTQ. She is convinced that she has a defense against the new LL, Mr. A's son bcse he cont'd with the eviction process that was initiated by his dad & that there's no proof that Mr. A assigned his rights. Under Mass evic law, was anyone obligated to inform her of the sale and assignment of rights? She thinks that her case can be dismissed based on the fact that the new LL didn't follow the eviction rules. How about if they just bring the ''assignment of rights'' document to court? The ll's attny probably knows that that's her defense to get some add'l time. She's already 2 wks past the 90 days. Couldn't they just ''crush'' her only defense by backdating an ''assignment sheet'' and presenting it to court? what is required by law when you ''assign'' your rights to a new owner? Her trial is nxt wk & she's going w/no attny (no $) Help me help her!
1 Answer from Attorneys
Re: how does the sale impact an eviction?
The landlord has the right to assign rights to a buyer. Indeed, the sale may be a reason for the no-fault termination.
Your friend can explain her situation to the court and ask for additional time, as this is apparently a no-fault termination. She may have other rights, depending on timing issues. An in-office consulation with an experienced attorney is the best route.
If she is not in Housing Court, she can request a case transfer to Housing Court up to one day before the "trial" date. This would delay matters. If she -is- in Housing Court, the Housing Court may mediate a solution giving her the needed time.
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