Buying a 2 Family Home- In Massachusetts can you evict current tenants?
Author: admin // Category: massachusetts homesI’m in the process of purchasing a two family home in Massachusetts. This home would be occupied by my grown children, who would pay rent to me. Although some of the homes I’ve visited are vacant, others have tenants with leases. Does anyone know the guidelines in Massachusetts for evicting tenants? Would it be more trouble than its worth… should I stick with vacant homes?
The lease is not your problem. You should have in your sales contract that the property must be vacant prior to closing. You might also charge a fee for any day after closing that the you are unable to occupy the property based on the buyer not delivering the property to you as per the sales contract.
If you don’t have something similar in your sales contract and allow the real estate agent or seller to tell you not to worry it will be taken Care of. Trust me it will not be taken care of and at closing they will say this is not in the sales contract and we thought you knew the tenants were there and had a lease.
It is then then up to the current owner to deliver the property to you in the condition that you require.
Most of us on this forum have no idea about the language in the lease. There might be a clause that state the tenants know of a possible sale and would vacate the property at a certain time during the sale period. There might be a possible buy out of the lease. No matter it should not be your responsibility to have the tenants removed. They did not sign a lease with you. This is the current owner’s responsibility.
If the real estate agent and current owner have a serious problem with this type language in the sales contract, you are better moving on to another property for you and your family.
At the final closing do not sign any docs until you know that the property is in fact empty. Have a walk through the day before closing to make sure that the entire property is vacant. At the closing you might have one of you children or a responsible adult to be at the property and call you prior to closing that the property is still vacant and no one moved back into the house.
I hope this has been of some benefit to you, good luck.
"FIGHT ON"
July 20th, 2010 at 12:22 pm
you would have to wait until there lease is up, then you can evict them..
no matter what it is still a contract…and it would suck if they only moved in one month prior to you buying it and kicking them out..
you should call a lawyer just to see what rights you have
References :
July 20th, 2010 at 1:00 pm
The lease is not your problem. You should have in your sales contract that the property must be vacant prior to closing. You might also charge a fee for any day after closing that the you are unable to occupy the property based on the buyer not delivering the property to you as per the sales contract.
If you don’t have something similar in your sales contract and allow the real estate agent or seller to tell you not to worry it will be taken Care of. Trust me it will not be taken care of and at closing they will say this is not in the sales contract and we thought you knew the tenants were there and had a lease.
It is then then up to the current owner to deliver the property to you in the condition that you require.
Most of us on this forum have no idea about the language in the lease. There might be a clause that state the tenants know of a possible sale and would vacate the property at a certain time during the sale period. There might be a possible buy out of the lease. No matter it should not be your responsibility to have the tenants removed. They did not sign a lease with you. This is the current owner’s responsibility.
If the real estate agent and current owner have a serious problem with this type language in the sales contract, you are better moving on to another property for you and your family.
At the final closing do not sign any docs until you know that the property is in fact empty. Have a walk through the day before closing to make sure that the entire property is vacant. At the closing you might have one of you children or a responsible adult to be at the property and call you prior to closing that the property is still vacant and no one moved back into the house.
I hope this has been of some benefit to you, good luck.
"FIGHT ON"
References :
July 20th, 2010 at 1:31 pm
A lease carries over in a sale…..You can ask the tenants to leave in the required time frame when the lease comes up for renewal,, Or you can TRY to buy them out,,,,If there are no leases it is simply a case of giving them 30 days notice…..I have to comment on another answer—-yes -the lease may state that tenants must vacate if sold—-but in my State that clause was challenged and found to be a violation of state law so don’t count on that….How long are the current leases ?
References :
Landlord