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  1. #1
    Join Date
    Jan 2012

    Default Can Tenant Break Lease if Landlord is Selling Property

    My question involves landlord-tenant law in the State of: Massachusetts

    I am 4 months into a one year lease. The landlord had approached me about potentially purchasing the property from him, but I decided not to move forward with it. At that time the landlord advised they are putting the house on the market, and I told them I was going to start looking for a home to purchase as well (late December). My wife and I found a home quicker than expected, and advised the landlord we will be moving out in 60 days. A few days later, landlord approached me and stated they wanted 3 months rent after the 60 day time period. I asked that if they were to sell the property prior to lease ending would we be expected to move out, and they stated yes it would most likely be the case.

    I feel like I am in a catch 22, where my wife and I are being held in limbo pending our landlords ability to sell the property. We would not have entered into a 1yr lease if we knew they had plans to sell the house.

    What are my options, if any?

  2. #2
    Join Date
    Jan 2008
    Toledo, OH

    Default Re: Can Tenant Break Lease if Landlord is Selling Property

    The lease is binding on both sides. Even if he were to sell, he'd either have to buy you out of your lease or allow you to finish it out. Similarly, he is not required to allow you to break the lease early.

    If you do not agree to what he's asking, he can take you to court for the remainder of the lease term, and would almost certainly prevail.

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