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Updated over 7 years ago,

User Stats

43
Posts
19
Votes
Brett Barry
  • Real Estate Broker
  • Palm Springs, CA
19
Votes |
43
Posts

Inherited tenant refuses to leave

Brett Barry
  • Real Estate Broker
  • Palm Springs, CA
Posted

Hi, 

I'm a first time home owner who recently purchased a two family home in Northampton, Massachusetts. I knowingly inherited 1 tenant who's lease was due to end August, 31, 2017. My closing attorney notified me that tenant had been verbally notified that the lease was not being renewed and they were to vacate there premises on August, 31. 

Fast forward a few weeks after closing. I verbally confirmed again with the tenant that she was leaving at the end of the month, she agreed. Next thing I know, the tenant mailed me a letter stating that she is entitled to an automatic renewal of a 1-year lease because the previous owner had not given her 60-day notice of renewal or nonrenewal. I tried to discuss this politely with the tenant and she stated that she refuses to talk to me without a lawyer present. 

Although the lease does state that 60-day notice is required for renewal or nonrenewal. It also states that if no renewal is ever offered (which in this case it wasn't) the tenant is expected to leave upon the final day of the lease: August 31, 2017. 

My tenant is now hiding out in her apartment and refusing for talk to me. I have discussed this situation with two different attorneys and was given two different courses of action. I'm not sure what to do or where to go from here. I did not screen this tenant and I do not want this person in my home. She is legally there until August, 31 but after that I'm not sure how to move towards removing her from my home legally and effectively. Any advice is appreciated. Again, I'm in Western Massachusetts. Northampton, Massachusetts. Pioneer valley. 

Thank you!

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