I'm considering making an offer on a condo which is currently rented.

Asked by Nick H., Somerville, MA Fri Dec 26, 2008

the lease is not up until the summer. I want this place to be my primary residence and would like to move in as soon as possible. What are my options as a buyer in Mass?

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Nick H., Home Buyer, Somerville, MA
Fri Dec 26, 2008
I left one important thing out ... it's also a short sale.
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Dana Schuster, Agent, Slidell, LA
Fri Dec 26, 2008
Unless the current lease contains a sale clause,you are legally bound to honor it. The lease goes with the sale of the property and you cannot take over the unit before the lease expires. You might,as Lynn suggested,offer the tenant a s.um of money to vacate,but be very careful with this. if you take any action which could be construed as harassment,you could get yourself in hot water. Leona Helmsley lost her real estate license in New York because she harassed tenants in a building that was trying to go co-op
0 votes
Dallas Texas, Agent, Dallas, TN
Fri Dec 26, 2008
Governed by the lease agreement signed by the seller, if there are any clauses cover sale of the property for tenant rights and new owner. What is payment history of tenant do they pay? Or you facing eviction procedures?

Offer tenant a moving allowance contact a realtor who is happy to assist them with there move. Nice spin for tenant with agressive approach.

Most instances not knowing what lease agreement states, lease terms fulfilled by new owner/tenant.

Consult with an attorney you will need obtain a copy of lease agreement signed by current owner tenant.
Web Reference:  http://www.lynn911.com
0 votes
Michael Giles, Agent, Beverly, MA
Fri Dec 26, 2008
Hi Nick,
If this is the unit that you really want, you should make the offer subject to the property being free from tenants at the time of closing. This will put the burden of negotiating with the tenant on the Seller. Get a buyer's agent that can make sure the proper steps are taken to protect your interest. Best of Luck!
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