Legal Question in Real Estate Law in Massachusetts

Landlord cancels 1yr lease (to sell) after only 2 months

A friend needed to move and had a real estate agent find a

rental unit for them (tight rental market in Arlington). She paid

1 months rent for this and signed a 1 yr lease for the apartment

Less than a month after moving in (paying real estate agent

fee, various service installation fees like phone and cable, etc),

the landlord gave them 60 day notice to move out as they had decided to sell the place. She obviously wasted a good $1500

on this move.

Can either the landlord or real estate agent be held responsibile for any of her fees she encountered that went to

waste so quickly?


Asked on 12/03/99, 1:02 pm

2 Answers from Attorneys

Alan Pransky Law Office of Alan J. Pransky

Landlord cancels 1yr lease after only 2 months

A one year lease is usually not capable of termination by the landlord as long as the tenant pays rent. She should keep paying rent and plan on staying for the balance of the year. I would also advice consulting a local attorney.

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Answered on 12/03/99, 7:57 pm
Warren Agin Swiggart & Agin, LLC

Re: Landlord cancels 1yr lease (to sell) after only 2 months

While I agree with the basic thrust of Pransky's answer, I would caution you to carefully review the lease before following the advice. The lease could have a special 60 day termination clause, although such a clause is unusual. Also, you need to make sure the lease clearly is a lease for one year, not just a lease from month to month that the parties expected would stay in place for one year. If it has a 60 day termination clause, see if it requires the landlord to pay anything. Your friend should consult with a local attorney to obtain advice in how to obtain extra payments. For example, if the lease truly is a one year lease, instead of insisting on staying, see if you can negotiate a buy-out with the landlord. (See if you can find uot what he paid for the building and what he is selling it for - in todays market he might be willing to pay a lot to keep the deal from going away.) Even if the lease allows the landlord to terminate, if the friend stays more than 60 days, the landlord has to file a complaint and take the friend to court to complete the eviction. Tell the landlord you need more than 60 days to leave, understand that the court process will give you additional time, and see if you can get the landlord to pay some money to ensure that the property is available to close the sale.

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Answered on 12/06/99, 9:39 am


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