Legal Question in Real Estate Law in Massachusetts
landlord/tenant lease agreement
my daughter has a one year lease agreement with her land lord. now her landlord is telling her,the property is sold and she will have to move in march. her lease agreement end in september.he offered her a house which cost $300 more and she can't afford, what are her rights.
3 Answers from Attorneys
Re: landlord/tenant lease agreement
You can also have your daughter contact me directly, and if she'd like to fax me the lease before calling, she can do so to (617) 527-1763. Again, my phone number is (617) 527-0050 and I think she's got an excellent "case" but one which should be handled by a lawyer (one local to her who handles tenants' rights would be best, but I'm available if she doesn't have someone closer).
Re: landlord/tenant lease agreement
This is the perfect situation to hire a lawyer.
Show him the lease.
It is 90% likely that the landlord cannot break the lease just by selling the property. In other words, the new owner has to respect the lease. New owner has apparently said he's only willing to buy the place empty, which means that the seller / landlord has to work each tenant out of the lease. There are certain escape clauses in some leases for landlords to break the lease, and it may seem to a lay person that sale of the building is just such an excuse, but an attorney will know what's right. Furthermore, when a landlord has a right to substitute comparable premises (which is NOT what I think would apply here!), he can't leave her paying the difference in rent.
But don't walk away thinking you should just demand $300 / mo. from the landlord for breaking the lease. That would be way too naive. Use a lawyer, please. An attorney should do a far better job of negotiating a settlement than you can do for yourself.
If your daughter lives in Massachusetts, please contact me or have her do so, preferably by e-mail or by telephone during evening or weekend hours ASAP.
Re: landlord/tenant lease agreement
How many tenants are in the building? Does the landlord live there also?
I'm Stu Williams, [email protected], telephone (617)527-0050 (avail weekends and evenings!), and I wrote you the longer message you should have received just prior.