What to do if I have a signed 4 month lease on a vacation rental but the landlord just informed me that he’s selling the property and the new owner won’t honor the lease?

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What to do if I have a signed 4 month lease on a vacation rental but the landlord just informed me that he’s selling the property and the new owner won’t honor the lease?

Do I have any rights here? The lease was supposed to stare in 5 weeks.

Asked on November 25, 2012 under Real Estate Law, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Please speak with an attorney in your area because the Real Property Law in the state of Massachusetts differs considerably than the rest of the country.  Now, I am considering the property as commercial real estate given that the original owner rents it assumedly for profit.  It is my understanding of the law there that the purchase of the property comes with it what is known as an assignment and assumption of leases, meaning that the new owner must honor your lease.  There are many theories under the law allowing you to collect against the parties here should you get in to a legal battle. Get advice. Good luck.


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