Legal Question in Landlord & Tenant Law in Massachusetts

housing

my landlady is trying to sell her houe before june 11th because that day it will be put on auction well anyway she told us that we had to move well people have since looked at the home and no one has bought it june 11 is coming my landlady looked at apartments the same ones we have and she told them we were the reason why she has to sell the house well needless to say no one is willing to rent to us and she is telling the buyers that she asked us to leave when she didn't tell us to but that we had to move what can we do would we be ableo stay here is it does get auctioned off and is not how long would we have before we would get evicted


Asked on 5/21/09, 12:01 pm

2 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: housing

You should probably speak with an attorney. The landlady does not have the right to evict you unless she follows the precise requirements of the law.

Similarly, if the building is sold, the new owner must follow the law in evicting you. Only the court can order you to leave, you do not need to leave simply because the landlord tells you to.

The length of time you have in the apartment depends on upon your legal knowledge, your ability to assert all defenses and counterclaims, and to negotiate either more time or a cash settlement in exchange for you vacating the apartment.

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Answered on 5/21/09, 12:15 pm

Re: housing

Assuming you have paid your rent and have a lease, unless the lease has a subordination clause in it, you can stay until your lease ends. If you are on a month to month lease, then you have to be given a 30 day notice to leave before the beginning of the month they want you to leave. If you do not leave, they will begin eviction proceedings. If you do not pay your rent, you will be given a 14 day notice to quit and if you do not pay the rent and legal fees the court can and will probably evict you as well as require you to pay the rent.

I would suggest if you do not know to whom to pay the rent that you send a certified letter to the landlady with your rent check for June return receipt.

You can probably negotiate a period to vacate with the lender and they may even want to pay you to leave. I would suggest you demand the return of your security deposit, if you have one as well if the property is foreclosed on June 11th.

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Answered on 5/21/09, 12:22 pm


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