Legal Question in Real Estate Law in Massachusetts

Rights as a tenant when the owner sells the property

I was recently given a 30 day notice to vacate my appartnment because my landlord is selling the house. I don't feel that will be enough time for me to find adequate housing. what are my rights. The landlord says the sale of the house depends on my vacating the premisis. I have been in the appartnment for approximately 2 years and have paid my rent on time always.

please help

mary


Asked on 1/30/05, 9:38 am

3 Answers from Attorneys

Re: Rights as a tenant when the owner sells the property

A 30 day notice to quit is only the first step. I assume that you are on a month to month lease, so you should start to look for a new place to live immediately If you don't vacate in thirty days, the landlord will take you to court. If you go before a judge and are still current in rent, the judge can give you additional time to move up to six months. This is what is known as a no-fault eviction and you should not become homeless as long as you act in good faith to find a place to live and continue to pay rent.

If you have a lease and it has unexpired time on it, then that is something else.

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Answered on 1/30/05, 12:45 pm
Len Foy NH Residential Title & Escrow

Re: Rights as a tenant when the owner sells the property

Hi Mary -

The key is to start looking around for another place to live, in good faith, and to stay current with your rent.

If you do these things you will be on solid legal ground if and when your landlord takes you to court.

In a situation like this, where the landlord stands to gain by you moving out sooner (as opposed to later), you may be in a position to negotiate for your departure. It's possible that the landlord might be inclined to settle with you if you agree to leave and not contest the eviction.

If you'd like an attorney to represent you in these negotiations, or in court, please contact my office directly. I'm an experienced real estate attorney practicing in Massachusetts and New Hampshire. My phone number is 603-434-3437 and my email address is [email protected].

Good Luck -

Len Foy, ESQ.

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Answered on 1/31/05, 6:41 pm
Alan Pransky Law Office of Alan J. Pransky

Re: Rights as a tenant when the owner sells the property

A thirty day notice to quit is the first step. You should immediately look for a place to live. If you don't vacate in thirty days, the landlord will take you to court. If you go before a judge and are still current in rent, the judge can give you additional time to move. This is what is known as a no-fault eviction and you should not become homeless as long as you act in good faith to find a place to live and continue to pay rent.

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Answered on 1/30/05, 10:25 am


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