Legal Question in Real Estate Law in Massachusetts

Re: Rental Agreement

Why did you list NJ as well as MA? I can only

speak for Massachusetts law and know nothing about

New Jersey law; these issues are controlled by

state law.

Yes, you can have a 2 or 3 year lease and it will

be binding upon a new landlord, though you

should put a special clause for that to help it

go smoothly (and conversely,

the landlord contemplating possible

sale earlier would want an attornment

clause (look up the word!) to allow a

potential buyer to become

your landlord and collect your rent.

Issues such as last month's rent and

security deposit are covered nicely by

section 7A of MGL chapter 186, section 15b. See

http://www.magnet.state.ma.us/legis/laws/mgl/186-15B.htm

for some of the residential law.

I draft such clauses routinely

in commercial leases.

There are a couple of other issues; 1) you should also draft

an agreement so that you get full credit for your

materials costs and perhaps something for your labor as well

in the rent; presumably the landlord is giving a low rent for

that entire period but if he doesn't have protection, e.g.,

committment from you to spend time & money, then he gets screwed

and he has good reason to break the lease and get you out.

2) In common law, you need a landlord's written permission to make

some of the changes -- well, plumbing, anyway! -- you are apparently

contemplating; 3) if you were to need a permit, his permission would be

needed for that, and if you didn't pull a permit you should have, the

city or town could get involved and you could be in trouble, he could

be in trouble, and there could be an eviction. Also, 4) if you do work that

requires a permit, you might need to have a licensed plumber involved

to make sure you meet code requirements or either of you could have another

batch of trouble. 5) While you have the place torn apart, it would be technically

not habitable which puts your tenancy at risk (and keeps the landlord at risk for

failure to meet his warranty of hability requirements under the law).

6) Will the landlord be in the other

half? Landlords can more easily break leases

if they inhabit the building and sometimes landlords

move in just to evict someone.

7) Will you be expected or asked to invest

effort to benefit his half as well?

8) What if you decide to leave sooner than the lease ends and would like to

repeat some benefit from your investment?

Good luck; it's pretty enterprising and you must be

a great tenant and pretty responsible person.

What city or town is this duplex in?

You may send me e-mail directly if you like.