Legal Question in Real Estate Law in Massachusetts

Re: Summer rental agent forbids winter rental

You first have to look at the agreement you signed with the agency. Does it say that you cannot have a winter tenant in the house? You cannot do an act which frustrates their ability to do their job. I do not see how havoing a winter tenant interferes with their obligation. This is particularly true if the tenant is out in time for the realtor to show the house.

Re: Summer rental agent forbids winter rental

I agree.

The first place to look for is the management contract. I suspect there is nothing in the agreement that impedes you from renting during the winter.

It may also be that by refusing to manage the property by allowing a rental during the winter, the real estae agency is violating the terms, if not the spirit of the contact/agreement.

If you would like, fax me a copy of the agreement, and I will be glad to review it.

Re: Summer rental agent forbids winter rental

Unless your agreement requires you not to have a tenant in the winter, I do not think your rental agent can stop you from renting the place during the winter.

If you are asking can the refuse to take your listing. Yes they can, but I doubt they are the only agent in town and I am sure you can find someone else to rent it for you. If you don't have an agreement with them yet or if you want to rent it during the winter and do have one, then ask to terminate the listing so you can rent it during the winter.