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  1. #1
    traceurv Guest

    Question buying a home with tenants already occupying units in the home

    Question regarding law in Massachusetts:

    My husband and I are in the beginning stages of purchasing a two family home in which we will occupy one of the units and rent out the other unit. Both units of the home are currently occupied by tenants under agreement with the current owner of the home. My husband and I want the home vacated before we sign and close on the home, since we plan on living in one of the units and finding our own tenant for the other unit. What happens in a situation like this? Can the current tenants be evicted simply because the home is being sold to new owners? What needs to be done in order to get the current tenants out? Please help!
  2. #2
    FarmerJ is offline Senior Member
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    If the current tenants Do not have written leases for say 6 months to a year then they would be month to month tenants , Ask to see copys of the leases , If they are month to month tenants tell the seller of the property they will have to evict them and set up closing for After the Units are vacant , If those tenants have leases that cannot be terminated early , look for another property but make sure it is understood in writing you will not close until the units are empty . Perhaps the seller will have to offer them a reasonable amount of money to agree to cancel there leases and move . Or seller will just have to live with selling to a non resident investor .
    Last edited by FarmerJ; 04-28-2002 at 05:33 PM.
  3. #3
    I AM ALWAYS LIABLE is offline Senior Member
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    Re: buying a home with tenants already occupying units in the home

    Originally posted by traceurv
    Question regarding law in Massachusetts:

    Can the current tenants be evicted simply because the home is being sold to new owners? What needs to be done in order to get the current tenants out? Please help!
    My response:

    No. The tenants are entitled to the full benefits of their lease. It's unfortunate that you're buying a house that has tenants, but their lease contract is not subordinated all because you want to buy the property. If you buy, you take the tenants and their contract with your purchase until the lease expires.

    Now, you can also buy them out of their lease IF they are willing to accept a buyout, that may also include moving expenses and all other fees associated with finding new housing. Otherwise, you need to wait for the lease to expire.

    IAAL

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