Legal Question in Real Estate Law in Massachusetts

Re: Lease Breaking

The sale of the apartment has no effect on your lease. The new owner would take the unit subject to the lease. You are correct in stating that the new owner could raise the rent but not until the current lease expires. Based on these facts there is no legal grounds for you to break the lease. I would suggest you approach your landlord and discuss whether or not they would agree to terminate the lease early. Absent either the consent of the current landlord or the new landlord after the closing, you would be responsible for the remainder of the lease. The landlord's damages would be the rent for months the unit is vacant plus the difference in rent if the landlord rented the unit for less money through the end of the lease. In most cases the landlord and tenant can usually work out an agreement if you provide enough notice so the landlord can re-rent. Also, in most purchase and sale agreements, the seller usually agrees to deliver possession of the unit with no tenants. In these cases the landlord would need to evict the tenant prior to the closing. If the landlord agrees to release you from the lease make sure to get it in writing that both parties agree to release the other from all rights and obligations of the lease contract. This should be signed by the landlord and yourself.