Legal Question in Landlord & Tenant Law in Massachusetts

"Susan" rents a condo in Masssachusetts from "Bob", the condo owner. She has a one-year lease agreement to pay Bob rent. Bob is way behind in paying his condo fees to the condo association. Susan received a letter from the condo association's lawyer saying that she should stop paying rent to Bob and start paying it to the condo association effective immediately.

1. Is it legal for the condo association to collect rent from Susan?

2. If it is legal, shouldn't the condo association's lawyer have to invalidate or nullify the existing lease agreement first (perhaps by getting a court order) before they can legally collect the rent? The lease agreement is a legally binding contract, after all, and is still in force as far as Susan knows.


Asked on 3/08/12, 2:52 pm

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

I would want more information before actually instructing you one way or another.

Generally speaking, you should not pay PARTY B for a debt or liability owed to PARTY A, unless PARTY A instructs you to do so in writing, or if there is an order of the court instructing you to do so.

My advice would be to retain counsel to make sure you are not intimidated or scared into making a poor decision. You may feel free to contact our office if you are interested in representation. 617-357-4898.

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Answered on 3/09/12, 9:00 am


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