Massachusetts law protects tenants when a property is sold — but it doesn't prevent you from selling. Here's what the law actually requires and how to close with tenants in place.
Under Massachusetts General Law Chapter 186, Section 13, a lease is a real property right that survives the sale of a property. When you sell a tenant-occupied Massachusetts home, the buyer takes over as landlord under the exact same lease terms. The tenant's rent amount, lease duration, and terms are locked in — the buyer cannot force the tenant out simply because ownership changed.
This means you can close on a tenant-occupied Massachusetts property in 7 days with a cash buyer. No eviction proceeding required, no lease termination required, no vacancy required. The tenant stays, the buyer becomes the new landlord, and the closing proceeds.
| Tenancy Situation | MA Law | Your Options | Cash Buyer Path |
|---|---|---|---|
| Fixed-term lease tenants | MGL Ch. 186 § 13 | Sell immediately — buyer takes on lease. Tenants have right to stay through lease end regardless of new owner. | Purchases with tenants on active fixed-term lease |
| Month-to-month tenants (1+ year) | MGL Ch. 186 § 12 | Give 3 months notice before sale if you want vacant possession. OR sell with tenants in place. | Purchases with month-to-month tenants; becomes new landlord |
| Month-to-month tenants (under 1 year) | MGL Ch. 186 § 12 | Give 1 month notice if you want vacant possession. OR sell with tenants in place. | Purchases with month-to-month tenants |
| At-will tenants (no lease) | Common law + MGL Ch. 186 | Give rental period notice. Tenant may become holdover if they don't vacate. | Purchases at-will tenancy; buyer takes over |
| Boston TOPA-affected sale | Boston Tenant Opportunity to Purchase Act | Must notify tenants and give opportunity to purchase before third-party sale | Cash buyer waits for TOPA compliance period; then can close |
No eviction required. One walk-through. Cash offer in 24 hours, close in 7 days.
Call (401) 396-7427Get Cash Offer →Yes — MGL Ch. 186 § 13 says leases survive sale. The buyer becomes the new landlord. No eviction required before closing.
24 hours under MGL Ch. 186 § 15B. Tenants cannot unreasonably refuse during reasonable hours after proper notice. Some local ordinances have additional requirements.
No — you can sell with tenants in place. A cash buyer purchases with tenants remaining, becoming the new landlord at closing. Eviction is only needed if you require vacant possession for a specific buyer type.