Hi! I signed my lease on 31 July 2010 in front of two realtors from different agencies. I moved in but three months later do not have a copy of the lease that the landlord (presumeably) signed (he was not present during the signing). I know 15D covers that, thanks to your helpful forum. I have asked the landlord for my copy and he said he would bring it by but has not. Also, he put the property up for sale this month. I looked at the realtor's advertisement for this building and it says that this unit has no lease and rent is approximately $2,200, double what I now pay. There are two showings a day and I have to leave the apartment during those times. I have an amicable relationship with the landlord thus far and I am a good tenant. I also am a landlord and understand his perspective to a degree. But my concerns are twofold: 1. He may be claiming to the realtor that I have no lease; i.e., that I am a tenant-at-will, which the realtor may be telling prospective buyers. Should I ask the realtor? 2. That the new owner may not honor my lease (if I can finagle my copy!), or may attempt to double my rent. Can they do that? Thanks, you guys are doing a great service, Eric
Submitted by ericthetenant on Tue, 10/19/2010 - 21:59
Copy of lease when building sold
Yes, as you know, under Massachusetts General Laws Chapter 186, Section 15D, your landlord must give you a signed copy of the lease within 30 days of your signing. That lease must include specific information, including: (1) The amount of rent, (2) the date on which the tenancy ends, (3) the amount of your security deposit, if any (along with a description of your rights under Massachusetts law regarding the deposit), and (3) the names, addresses, and phone numbers of your landlord, any other person who is responsible for maintaining the property (such as a manager), and the person authorized by the landlord to receive notices and court documents.
I assume the lease you signed includes and ending date and an amount for the rent. If it does not, a court may consider you a tenant at will. Most importantly from your perspective, if the landlord fails to provide a copy of the lease signed by him/her, Section 15D allows a judge to fine the landlord up to $300.
At this point, I think you need to stop worrying about your relationship with the landlord and send him and his real estate agent a letter by certified or registered mail in which you demand a copy of the signed lease. Explain that if you do not have it within 7 days you will bring the matter to the local housing court. Depending on your mood on the day you write the letter, you may want to mention the $300 fine.
The law in Massachusetts is not clear on the issue of whether the sale of a unit will terminate a lease. Some courts have ruled that such a sale does not terminate the lease. In any case, you obviously should get a copy of the lease before you can ask the housing court to enforce it. And remember, you do not need to move until a court orders you to move, regardless of what the current owner or a new owner tells you. You can go to court and ask that the lease be recognized. Even if the court refuses, you will be given ample time to find a new unit and move. Good luck.