Selling property is a long and, at times, frustrating process for any property owner. This is especially true when the property has tenants currently residing on the premises. Landlords often go through the eviction process before they are able to recover the property and eventually sell.
If there is no formal lease agreement binding a landlord and tenant, and the tenant is lawfully on the premises, their relationship is considered a Tenancy at Will. A Tenancy at Will may be created by an oral agreement between the parties, or even if a tenant remains on the property and continues paying after the end of a lease agreement without a new formal lease, and the landlord does not object.
Massachusetts law allows what is referred to as No-Fault Evictions in order to evict a tenant at will. In order to proceed, the landlord must send a No-Fault 30-Day Notice to Quit, putting the tenant on notice that the landlord intends to end the tenancy and recover the property. After the 30 days and a full rental period have expired, if the tenants still remain on the property, the landlord may proceed with the formal eviction process.
If you want to sell property currently occupied by a tenant, the Law Office of John H. Prettyman is here to assist you. Attorney Prettyman is well versed in landlord-tenant matters and the eviction process, and can walk you through the process of recovering your property. If you need further assistance in selling your home, Attorney Prettyman also handles matters relating to the sale of property, including drafting and negotiating purchase agreements and Quitclaim Deeds.
Authored with the assistance of John Walden, Candidate for Juris Doctor, 2024
Categories: Landlord/TenantReal Estate
