Legal Question in Real Estate Law in Massachusetts

Rental agreement

My landlord has advised me that they are selling my half of their duplex and theirs as a ''condo''. I was given a time frame of 2 days to make a decision to buy the unit as a condo. When I asked for the information regarding the set up of the condo I was then told that it was too bad that it wasn't the right time for me to buy a condo. I went to the Registry of Deeds in Worcester and Shrewsbury MA only to find that the property is still registered as a two family dwelling and that the listing on the MSL has a disclosure stating that it is a condo and all sales are based on the upcoming conversion of the two family dwelling to a condo. My lease is up in April and now my landlord who has been collecting rent with a satelite dish tv system included in my rent for the last two years has now demanded the return of the satelite dish and have amended my lease stating the fact that I will return the receiver,smart card and remote by the 31st of January and that they have adjusted my rent accordingly to reflect the payment for the dish. Is this not a issue where my landlords have broken their own lease because it suited them.


Asked on 1/24/02, 9:08 am

1 Answer from Attorneys
Robert Trant Law Office of Robert R. Trant

Re: Rental agreement

The landlord cannot unitaterally alter or amend the lease agreement absent your express consent. If the lease requires the landlord to provide certain services, the landlord must provide those or they are in default. Absent agreement by both parties, the lease can not be amended prior to the time it expires. Upon expiration, the landlord can refuse to renew the lease and seek possession of the apartment. The lease will also remain in force even if the apartment (duplex) is sold. The transfer of ownership does not affect the lease.

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Answered on 1/24/02, 4:18 pm


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