Legal Question in Real Estate Law in Massachusetts

Re: Eviction of an Existing Tenant For Personal Occupancy

Assuming the tenant does not have a lease, you need to serve a 30 Day Notice to Quit to terminate the tenancy (assuming the tenant is current with the rent, if not, a 14 day Notice is served). The Notice must terminate the tenancy on a rent day, meaning to terminate for 9/30 you must serve the Notice by 9/1. After the Notice period runs, you need to file a Summons & Complaint in either the Housing or District Court. This must be served to the tenant by a sheriff or constable. On the court hearing date, you will need to prove to the judge that you own the building and you served the correct notice. The tenant can raise any counterclaims (i.e., sanitiary code violations,etc.). The judge deterines who gets possession. If it is the landlord and the tenant does not move, you need to get a court order and hire a constable & mover to remove the tenant. This is a very brief explanation of the process. You really should hire an experienced attorney to assist since the rules are very specific and a simple mistake can be fatal to the case. As a purchaser, you will need to worry about the security deposit and any last month rent the seller is holding since you will be liable after you purchase.

Re: Eviction of an Existing Tenant For Personal Occupancy

The short answer is that if the tenant doesn't move out voluntarily, you will be buying a law suit (eviction action)in which the tenant may discover grounds to counter-sue you! I represent a lot of buyers and sellers. Generally (I don't know your specifics), my advice to buyers in this situation is to make every effort to renegotiate the deal so that the seller has to get the tenant out BEFORE you take title (before the Closing). This is what a real estate lawyer will do in your purchase and sale contract. Murray Davis (781)593-7379