Legal Question in Real Estate Law in Massachusetts

Tenant Eviction due to selling of rental property

What are my rights as a Landlord to evict two single male tenants (no children) from a rental home that they have occupied for 15 months. The lease ran out in December of 2001 and I have not signed them to another agreement of any kind. I have an offer on the property and would like to know my rights with regard to evicting my tenants for the purpose of selling the property.

Thank you,


Asked on 2/20/02, 1:29 pm

1 Answer from Attorneys

Robert Trant Law Office of Robert R. Trant

Re: Tenant Eviction due to selling of rental property

You would need to serve a Notice to Quit to terminate the tenancy. If the tenant is paying rent, a 30 day Notice to Quit which needs to be served on the first to terminate on the 30th. Or if tenant not paying, a 14 day Notice to Quit. After the notice period has expired, you need to file a Summary Process case in Housing or District Court. The forms are available at the court. You would need to serve a copy on the tenant and file in court. You would then need to appear at a hearing before a judge to ask for possession of the apartment. If the tenant has been paying rent, the judge has discretion to allow the tenant to remain in the unit for up to 6 months while they look for another apartment. The sale of the property has no effect on the tenancy of your tenants. If the buyer will not close with the tenants in the unit, you may need to move the closing date in order to evict the tenants. I would highly suggest you hire an attorney to manage the process. Please contact me if you have any other questions.

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Answered on 2/20/02, 1:59 pm


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