Notice to Tenant of Assignment or Transfer of Lease
(Residential) (MA)

Summary

This template for notice to tenant of assignment or transfer of lease may be used by a residential landlord in Massachusetts to notify a tenant that the landlord has sold the premises, assigned the lease, and transferred the security deposit to a new owner/buyer. This template includes practical guidance, drafting notes, and optional clauses. Residential real property landlords located in Massachusetts must comply with the Annotated Laws of Massachusetts, Chapter 186 governing residential leases (Mass. Ann. Laws ch. 186, § 1–31), which imposes certain rights and responsibilities on the parties. Upon conveying the property, the landlord must turn over the security deposit and any earned interest to the purchaser. The purchaser must provide written notice to the tenant of such transfer, and that such purchaser is holding the security deposit (and any earned interest). This notice must be provided within 45 days of the date of transfer, and must contain the name, business address, and business telephone number of the new owner (and the new owner's agent, if any). Mass. Ann. Laws ch. 186, § 15B(5). The original landlord remains liable for the security deposit until the security deposit has been transferred and the tenant has been provided with one of the following: (1) written notice of the transfer and of the purchaser's name, business address, and business telephone number; (2) statutory compliance with notice requirements by the purchaser; or (3) return of the security deposit. If the original landlord fails to transfer the security deposit, the purchaser/new landlord assumes liability for payment of the security deposit to the tenant. However, if the tenant remains in occupancy after the sale date, then the purchaser/new landlord has the option to satisfy this obligation by applying the security deposit amount towards rent. Mass. Ann. Laws ch. 186, § 15B(5). Failure to properly transfer the security deposit results in the landlord forfeiting any right to retain any portion of the security deposit or to counterclaim for damages. Mass. Ann. Laws ch. 186, § 15B(6). The buyer will want to ensure that the tenants know where and to whom rental payments should be made after the date of the transfer. Most buyers of residential property will include a provision in the purchase and sale agreement to this effect. Modify defined terms used in this template to conform to the terms used in the lease, and define any undefined terms used in this template accordingly. Consult with local counsel regarding any municipal codes in the jurisdiction of the property that may affect the responsibilities of the original landlord and the buyer regarding notification to the tenants of the sale of the premises. For a full listing of key content covering residential leasing agreements, see Residential Leasing Resource Kit. For more information on rights and duties of residential landlords and tenants in Massachusetts, see Residential Lease Agreements (MA), Residential and Commercial Eviction (MA), Eviction Resource Kit (MA), and Massachusetts Landlord-Tenant Law § 17:1–14.