Expert: Dick Dennis - 8/21/2010

Question
QUESTION: I have been a tenant at the same place for 16 years, 16 lease renewals, now the landlord is selling the property (3 unit house with 2 rental apartments) and didn't renew my lease, instead did a 'tenant-at-will'.  I received a note in my mailbox (typed) by the landlord addressed to myself and the tenant downstairs who has been absent from the premises for 3 months but evidently is still here; the note TELLS me of 2 appointments, one on Saturday morning at 10:00am and one weekday at 6:30pm and TELLS me that "Its necessary that during both times, no one be present in the apartments or on the grounds." is this legal? I live in Massachusetts.

ANSWER: Obviously, Ann, the owner knows his landlord rules. He/she gave you sufficient notice so that the property can be shown for possible sale. As for not being present at the time of showing, of asking you to not be present, that's because some tenants maliciously do their best to hinder any possible sale by telling the people inspecting the property all the bad things the property.

In my state, it is not mandatory to have you leave during inspection, but you may ask a local property manager to know if your state laws approve that request. I would simply write a response letter to the landlord, saying something like, "I will abide by your request to show my portion of the property and I will make sure it is presentable and saleable. However, because I have some valuable property in my residence, I will remain here and assure you that I will not talk to anyone who enters my home during inspection. Thank you for your understanding."

Try that on, Ann. I am sure it will work. I do wish you well.

Dick Dennis
dixiedee13@aol.com

---------- FOLLOW-UP ----------

QUESTION: Mr. Dennis, thank you so much for your quick and to the point response, I will draft the response you suggested. Unfortunately Beverly is a small town and there's only a couple of real estate agents and they all know each other and the landlady, is there any way you could investigate the legality in Massachusetts for a landlord to TELL a long-term tenant that they CANNOT be in the apartment or on the premises during a showing. You make a valid point, however, if I was with mal intent, I would have said something to the first time the house was sold during showings as it was the SAME real estate agent then that is handling it now; therefore I can only conclude that my landlord is the one of questionable character.  Thank you.

Answer
Based on what you said, Ann, my guess is that there is no law that says you COULD NOT be present when the property is being sold. The landlady probably just wants to make sure nothing gets in the way of selling the property. And long as you don't make problems while the property is being shown for sale, I would think that letter should be sufficient for ANY landlord.

16 years is a long time for any tenant and any owner should be grateful to have you as a tenant as long as you have been paying your rent on time. However, be aware that should there be a new owner, you could receive a notice to vacate (30-days notice).

Some transactions require that ALL tenants vacate prior to closing. That is any owner's choice. And some transactions require that all units be occupied, depending on the representation by real estate agent. As long as you do not make problems in the sale of the property, I would think the new owner would be glad to have you as a tenant. Be well.

Dick Dennis