Legal Question in Real Estate Law in Massachusetts
I am in the process of buying a house. The current tenants do not have a lease and were sent a 30 days to vacate letter. The tenants are now demanding that the current owner pay them $3000 in order to vacate. Isn't this extortion? Can they be evicted quicker because of this?
4 Answers from Attorneys
A tenant who wants to delay their eviction can easily get a delay of 90 days and if they have minor children or their are violations stretch their occupancy to 60 months.
The process for an eviction like this is a 30 day notice. Assuming the notice is sent properly, you then file a Summary Process Complaint for eviction. The Tenant then serves discovery on the Landlord, that delays the case at least two weeks. The Tenant files an answer and counter-claim and seeks a jury trial, now you have delays.
The Tenant has school age children or is elderly and they can get six months to vacate under the law.
Is it wrong, maybe.
Now the real question is, how little can you pay the tenant to leave and still close the sale.
This is a form of extortion. I would consult the police and/or make lower counteroffer and also file an action.
The tenant is not doing anything wrong. They are within their rights to refuse to move. It will cause the tenant to spend money to accomodate your request to move. Their demand for money will not cause them to be evicted earlier. In fact, because court encourage offers of settlement over disputes, a Judge probably shouldn't even hear about their demand.
The tenants have the right to be evicted properly.
With the purchase and sale of a house at stake, I hope the sellers are represented by counsel. If the landlords want or need to remove the tenants faster than the law allows, then they may have to pay for it!