Submitted by LMRS on Fri, 10/02/2009 - 14:22
In April, we moved into a rental home and signed a lease until September 2010. The landlord informs us that her siblings are pressuring her to sell the house. Prior to our leasing the house, it was on the market for six months with no buyers, and so the property was leased to us. Can they show the house for sale that still has 11 months left on the lease? Thank you.
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Editor's Response
Massachusetts law gives your landlord and his/her agent the right to enter your apartment for several specific purposes, including to inspect, make repairs, or to show the apartment to prospective tenants or buyers. However, that statute has been interpreted to require landlords to give reasonable notice (usually 24-48 hours) and to enter only at reasonable times (perhaps 9 a.m. to 5 p.m.?). If you and the landlord cannot agree on appropriate times, one or both of you can go to the housing court and seek guidance from the court (i.e., get an order or injunction specifying when the landlord can show the apartment). Remember, your landlord can still sell your home even though it is currently leased (to you). Good luck.
sale of leased home
So, let's say someone buys the house and there are 10 months left on our lease. What happens? Is the lease not legally binding?
Editor's Response re sale of building terminating lease
Massachusetts courts have not been clear on the issue of whether the sale of a building terminates a lease: Different courts have come to different conclusions. Certainly, your current owner cannot unilaterally terminate the lease. Also, the new owner cannot force you to move (even if he ultimately convinces a court that the sale should terminate the lease) until he goes through the eviction process and obtains a court order for possession. That could take months.