Legal Question in Real Estate Law in Massachusetts
landlord wants to end lease with option to buy for no reason
My son and his wife entered into a lease with option to buy arrangement with the owners of a house. The agreement was for 2 years and at the end of the 2 years they would buy the house.
They both signed the lease and have occupied the house since September, 2003.
The house was in desperate need of repair and was so filthy that it smelled.It smelled right down to inside the walls. I don't think it had been cleaned for years.
My son replaced the ceilings, floors and the walls. He put up shutters and made major improvements to the property.
Now my son and his wife have split up and he had to leave the house.
His wife decided to leave also and has told the lessor that they can move back into the house.
He wants to move back in and continue the lease with option but the landlord said she rented to both of them and doesn't want just one of them there.
I think he has the right to continue to live there and continue with the lease with option to buy agreement. As long as he pays the rent and maintains the house I think the landlord cannot leave him out and move herself back in to the house. The repairs have probably upped the value of the house by $30,000 or more.
What can he do?
3 Answers from Attorneys
Re: landlord wants to end lease with option to buy for no reason
Hello and Thank You for your Inquiry:
My name is Len Foy and I am an attorney with Gould & Gould, with offices in Londonderry NH and Methuen Mass, our office telephone # is (603) 434-3437, my email address is [email protected].
The answer to your question depends on the wording of the agreement signed by your son and his wife and the property owner.
If you would like to fax the rental/purchase agreement to me at (603) 434-9578 I would be happy to review it and give you my thoughts.
Feel free also to call me or email me with any additional questions.
Regards and Good Luck -
Len Foy
Re: landlord wants to end lease with option to buy for no reason
Your Son should takre the lease agreement to an attorney who can review it and advise him as to his rights to enforce it according to its terms.
Re: landlord wants to end lease with option to buy for no reason
Without reviewing the lease no attorney can give a definitive answer. There are some factual issues also missing. Such as did your son and daughter-in-law abandon the property or have they been there all the time and your daughter-in-law had enough and moved out. Your daughter-in-law cannot terminate a lease on her own.
Your son needs to contact an attorney provide all the facts to him and let him assess the situation. He should do this as soon as possible.
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