Legal Question in Real Estate Law in Massachusetts
bought a house, tenant force on us
we closed on a house on 5/25/01, the seller was awarded the house in a divorse,the house was to be forclosed on the date we closed,the sellers bank agreed to a short sale,the womens ex-husband was residing in the house without paying any rent or mortgage payments, 2 days before the closing he informed the r.e. agent what belongings he was removing when he moved the day of the closing.when we arrived to move in after the closing the ex-husband refused to leave,we now have hired a lawyer to evict and are told it will take at least 40 days,now complicated by the man filing bankruptcy! The man was not an owner when we purchased the home,how can he have the right to be in the house and we not?
1 Answer from Attorneys
Re: bought a house, tenant force on us
The man living in the house is probably considered to be a tenant. He had some connection to the house, so he is not a total stranger who broke in after you bought the house. The law will look at you as someone who knew there was a tenant when you bought (or else you should have looked to see if anyone was living there, either way you do not do well on this question).
You need an attorney to bring an eviction action. Forty days may not be possible, even if you hire an attorney today. If you wait, it will take longer. When you hire an attorney, pose all your questions to that professional, and don't second guess from lists or other people who are not nearly as well informed as your attorney. Dealing with this tenant will be enough of a challenge for your attorney. Good luck to you, in Massachusetts, as a landlord (which is how you are now viewed at law), you will need luck.
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