Legal Question in Real Estate Law in Massachusetts

I am interested in purchasing a condo in Massachusetts, the only problem is that it is currently occupied by renters. If I buy this condo with the purpose of using it as my primary residence, do I have legal right to vacate these tenants?


Asked on 4/25/14, 12:17 pm

4 Answers from Attorneys

The question is can you evict them. It depends if they have a lease for more than a month to month basis. If they have a lease until August, you have to honor the lease unless they do something that allows you to evict them.

If they are on a month to month lease, you can evict them. That can be both time consuming and expensive. I would make it a condition of the purchase that the seller get the tenants to sign an agreement to surrender the premises on a date certain.

If you are buying this property as part of a foreclosure proceeding, just consider the time and the cost of eviction.

I recommend in this kind of purchase you get all the information and get an attorney to assist you with the offer.

Good luck

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Answered on 4/25/14, 12:25 pm
Alan Pransky Law Office of Alan J. Pransky

If the tenants have a lease, you will have to wait until the termination date of the lease to evict the tenants. If the tenants don't have a lease or are month to month tenants, then you can start an eviction action once you are the owner.

Eviction in Massachusetts is not always easy for landlords. You should consult an attorney before you sign any documents relating to purchase of the condo and learn about eviction law in Massachusetts.

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Answered on 4/25/14, 12:27 pm
Steven Hemingway Grolman LLP

Short answer: yes. Long answer: if there is a lease, you are bound by the lease as well. So if the lease is not up until next April, then you cannot evict them without cause. However, if there is no lease or if there used to be a lease but it is now month-to-month, you can simply serve them notice to quit and begin the eviction process. I always recommend having an attorney handle the eviction process because it is very detailed. If you decide to do that, I would be happy to be of assistance. Feel free to call me at 617-859-8966 or email me at [email protected]

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Answered on 4/25/14, 12:32 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

I strongly recommend that you have an attorney representing you when purchasing the property. You will inherit any lease agreements, tenancies, security deposits, last-month's rent payments, violations of law, etc. My advice for non-professional developers is generally not to purchase a property with tenants. Each eviction can cost hundreds of dollars and potentially several thousand each. If you know what you are doing, having tenants in a well-kept building with no major housing code violations means instant rental income. Our office handles real estate and tenant-landlord. Make sure you are informed and weight your options carefully. Good luck. 617-357-4898.

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Answered on 4/25/14, 1:45 pm


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