When a property s sold, how long do the tenants have to move?

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When a property s sold, how long do the tenants have to move?

A 2-family that is rented is being sold. The offer has been accepted. The buyers want to live there. When should notice to vacate be given, by whom and how long is required? The tenants have been there less than 1 year. Should the present owner give notice to vacate or should new owner give notice?

Asked on August 1, 2018 under Real Estate Law, Massachusetts

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

First things first, do the tenants have a written lease? If so, its terms must be honored. This means that the house can be sold but subject to the lease. In other words, the tenants can remain on the premises until their lease expires. Whatever notice must be given in such a circumstance should be in the lease itself. If no written lease exists, then the tenants are "month-to-month, which means that you can serve them a 30 day notice to vacate. If they do not remove themselves at the end of that time, then they will need to be legally evicted. As to who serves this notice, it is up to you and your buyer.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

First things first, do the tenants have a written lease? If so, its terms must be honored. This means that the house can be sold but subject to the lease. In other words, the tenants can remain on the premises until their lease expires. Whatever notice must be given in such a circumstance should be in the lease itself. If no written lease exists, then the tenants are "month-to-month, which means that you can serve them a 30 day notice to vacate. If they do not remove themselves at the end of that time, then they will need to be legally evicted. As to who serves this notice, it is up to you and your buyer.


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