Legal Question in Real Estate Law in Massachusetts

Evict the tenant.

Since this past summer, a tenat with a written lease in MA, can not be evicted with out cause. Lack of rent payment can be a cause.

You have two choices evict the tenant yourself or make your offer contingent on vacant possession meaning the Bank has to evict the tenant. If the tenant has a valid lease this would make things more difficult and time consuming if not more expensive. The tenant has to be in breach of the lease to evict them.

Please feel free to contact me without obligation, if you have more questions or need assistance

I agree with attorney Roth regarding your two viable options. You can either demand that the bank evict the tenants as a condition of sale, or you can simply purchase the property and evict the tenants yourself. I would find it very hard to beleive that a bank is going to allow you to make the sale of a foreclosed property contingent on anything.

If you decide to buy the property with the tenant, you should be aware that you also inherit any and all liability that the previous owners had, including warranty of habitability, defective lease, security deposit holding and violations, etc.

If you are going to buy the property with the tentants, it might still be a great deal. But you really must have legal counsel to help you navigate the landmines and make this investment productive.