Legal Question in Wills and Trusts in Massachusetts
We are in the process of selling our 2 family home. We had 2 tenants living there. They were tenants at will with no lease. We got an offer on the house and the buyer wanted to take ownership today. We sent both our tenants a registed letter back in June to vacate the premises by 7/31. This gave them a little over 30 days. Both tenants knew we were selling prior to the offer and were looking for new rentals. The 2nd floor left (with children) with no problem. The 1st floor has not left and doesn't want to leave until she finds what she wants to rent. Our realetor had shown her over 30 places that were very nice but she doesn't like them. WE offered to pay for 2 weeks storage for her furniture and also to put her up a couple of weeks in a motel until she found something. She refused. She does not have any children accept for a son who is 22yrs old. We are now in danger of loosing the buyer. Our lawyer is preceding with eviction procedures but tells us even this might not work. Is there any rights for the landlord?
2 Answers from Attorneys
If you have a lawyer handling this matter, you need to talk this through with them. Just because you don't like the answer, however, does not mean your attorney is doing a poor job for you. Eviction DOES work, even if it sometimes takes a little longer than we might wish. Whether your buyers will be patient is outside of anyone's control.
You have rights. But in situations like this, you need to be more proactive and get an agreement to leave in advance or start eviction process earlier.
The Tenant probably can hold you up for at least 90 days.
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