Where do I begin? We are a tenant at will because our landlord is selling our home. The house was sold and they will be closing on the house the end of June. I send an email to the Landlord saying that my husband founf out that the house was being sold because the landlord had not told us. On June 10th I wrote to him asking him if we could be out of the house on July 1st and if all our money would be returned to us. He said that we are a tenant at will and essentially we can do what we want and all of our money would be returned. Last night he send me an email stating that He will be giving all of our money over to the new landlord and he can deal with us. And that we should of looked in our contract that said we need to give 60 days notice that we are moving out. Also he gave the new renter that we are going though a bad reference for us. Our landlord also tried to get us to pay for a whole tank of oil that we never used. I told him I was responsible for the oil that we used and nothing else he got upset with me. When he realized that we had not used any oil he send me an email saying Merry Christmas there was like no oil used. "like he was doing us a favor or something" I have all of these statements in emails him saying that he would give us our money back and we could be out by July 1st. What do I do now since he is saying he is giving all of our money to the new landlord and he can deal with us?
Submitted by jswcarter on Wed, 06/17/2009 - 13:31
Editor's Response
Hello. You need to look at your rental agreement. You are not a tenant at will 'because your landlord is selling your home.' You are either a tenant at will or you have a lease, regardless of what the landlord does with the building.
I am not clear about whether you are still in the unit or not. In either case, try this article about what a landlord is supposed to do with your security deposit: http://www.malawforum.com/content/what-happens-my-security-deposit-if-my-buidling-sold
I am also not clear about whether you want to move out or not. If you want to stay, MA law is unclear on whether a lease survives the sale of the property. However, whether you have a lease or are a tenant at will, you do not have to leave until and unless the new owner brings an eviction proceeding. If the new owner goes through the court and obtains a judgment for possession, then you will have to leave.
If you have already moved out, then you are no longer a tenant. Here is a link to an article about what to do if the landlord does not return you deposit: http://www.malawforum.com/content/landlord-will-not-return-security-deposit-0
Good luck and please tell your friends about The Forum.