Legal Question in Landlord & Tenant Law in Massachusetts

my son was renting a house in salem ma as he goes to college.after 3 weeks there another owner came in and said we bought this property at foreclosure.well new and old owner are battling to see who owns it.we were prevented a signed lease from owner.guess he left the country for failing to pay fed taxes.the attorney of the previous owner his presurring the tennants for rent.we dont know who really owns the house yet.what are some suggestions..ty


Asked on 2/03/10, 9:27 am

3 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

You may want to get an attorney of your own involved.

My first recommendation is to send a letter (perhaps with the help of a lawyer) to both the previous owner and the new owner indicating that the rent is being placed in an escrow account pending proof of who the true owner is. The new owner has an obligation to maintain and protect your last month's rent and security deposit payments.

Please feel free to contact my office if you would like to discuss your options. 617-357-4898.

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Answered on 2/08/10, 9:37 am

Your son should contact an attorney. In the interim, he should open a special account and pay the rent into that account. He should send a letter to the attorney for the new owner and state that you require proof of ownership and that until such time you receive same you will place the money in an escrow account.

In form the new owner you expect him to maintain and protect your security deposit and last months rent as required by law.

Please feel free to contact me at 617.406.4647.

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Answered on 2/08/10, 11:02 am
Joseph Murray Joseph M. Murray, Esq.

Retain an attorney to notify both alleged owners and their respective attorneys that rent payments are being deposited to an escrow account pending proof of true ownership. Good Luck!

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Answered on 2/08/10, 4:59 pm


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