Lease trumps sale, continued: Landlords pressuring us (Boston: leases, condo) - Massachusetts (MA) - City-Data Forum

thisiswater · 03-02-2017, 07:43 AM

I wrote a while ago about how our landlords want to sell despite our remaining 2.5 year lease. They stated they wanted to list the condo in the spring. This morning I received an email stating they want to walk someone through one evening "soon." They've also said they are not using a realtor but selling on their own. And they want us to "not be present."

I know my rights and I know I can be very assertive about them in this circumstance, but we need their good references for our next rental. How can I be tactful w/out diluting what I have to say (which is: f*** off)?

chicagoliz · 03-02-2017, 07:58 AM

Well, even though your lease gives you rights that survive a sale of the property, the Landlords are allowed to sell the property. They also have a right to reasonable access to the property.

I don't see how it makes any difference to you whether they use a realtor or not.

timberline742 · 03-02-2017, 08:01 AM

Yeah, I think the only thing you can push is being there or not. I'm not sure that is worth fighting over, but that's your choice.

sawyer2 · 03-02-2017, 08:06 AM

State the (legal) facts/rights clearly to them. Again, based on what you have said re. lease etc. you hold all the cards ..... and I say this as a landlord. You could use an attorney to send a formal response citing the various statutes etc. but probably no need to spend that money yet.

Don't worry about future references - you could always show proof of on-time payment through bank recs. if it came to it .... and that is all landlords really care about.

You cant stop them from selling and you do need to give reasonable access

BostonMike7 · 03-02-2017, 08:07 AM

Quote:

Originally Posted by thisiswater

How can I be tactful w/out diluting what I have to say (which is: f*** off)?

Reasonable access is a pretty standard thing when it comes to leases, I don't know if they can request you to leave however. Does your lease talk about landlord's right to properties and what reasonable access entails? 24 hrs notice? I haven't been a landlord in a few years, but IIRC that was a pretty standard detail on the lease.

Either way, I'd make preparations for the sale. I buyer may want an inspection so the request for that may come through as well. So if you have an valuables, or things you do not want damaged, now is the time to hide them or leave with a friend for safekeeping.

chicagoliz · 03-02-2017, 08:10 AM

Quote:

Originally Posted by sawyer2

State the (legal) facts/rights clearly to them. Again, based on what you have said re. lease etc. you hold all the cards ..... and I say this as a landlord. You could use an attorney to send a formal response citing the various statutes etc. but probably no need to spend that money yet.

Don't worry about future references - you could always show proof of on-time payment through bank recs. if it came to it .... and that is all landlords really care about.

You cant stop them from selling and you do need to give reasonable access

What statutes, specifically, do you believe OP can use to prevent the LL's from showing the property?

And a good LL reference would involve more than simply whether the tenants paid on time. I'm not so sure it's worth burning this bridge, although if LL sells and there is a new LL for the next 2+ years, that LL would be the ones who would give the reference at the end of the lease.

BostonMike7 · 03-02-2017, 08:13 AM

Quote:

Originally Posted by chicagoliz

What statutes, specifically, do you believe OP can use to prevent the LL's from showing the property?

If anything, I would think stonewalling and denying access could very well be terms of lease violation and grounds for eviction? no?

chicagoliz · 03-02-2017, 08:28 AM

Quote:

Originally Posted by BostonMike7

If anything, I would think stonewalling and denying access could very well be terms of lease violation and grounds for eviction? no?

It actually could -- if the tenant refuses to make reasonable accommodations.

thisiswater · 03-02-2017, 08:40 AM

Thanks, all. I can see how denying access could pose a problem. The tipping point, it seems, will happen when a buyer decides s/he wants to live here now. Then we will have a conversation.

BostonMike7 · 03-02-2017, 09:12 AM

Quote:

Originally Posted by thisiswater

The tipping point, it seems, will happen when a buyer decides s/he wants to live here now. Then we will have a conversation.

A buyer would hopefully be smart enough, or at least have their RE attorney explain to them that the terms of the lease are still in effect as the sale proceeds and they cannot evict you unless you violate the terms of the lease.

I think if someone does offer to buy the place, and wants you out, you will get a cash-for-keys offer from the buyer/bank/seller. That will be your first clue.