Application for existing tenant new property

Member since 2019 · 5 posts · 1 vote

Purchased a new rental property in MA and existing tenant does not want to complete application. So I can generate a lease or TAW agreement. Is it a requirement in Ma that a tenant landlord agreement be in place? Is there a way to serve an agreement if the tenant refuses to sign? This way I can have something in place that if there is a breach I can start eviction process based on that, breach. Thanks

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Tim Herman
Member since 2018 · 2k+ posts · 1k+ votes
7y
@Vaughan Bryan Doing your due diligence your should have received a copy of the previous lease. The lease is still effective until it expires. I looked at a property where the seller liked the tenant so extended the lease for 3 years at below market rates. I did not buy the property. if there is no lease then it will be considered mtm and if he doen't make the rent payment you will have to start eviction. Look at your states landlord tenant laws this will be your guide.
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Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
7y
if they are under an existing lease, you can't legally force them to complete the application process or sign a new lease. Wait until 30 days prior to their current lease expiring and then give them notice to vacate. You don't want to keep a Tenant that starts off by being difficult.
If the original lease has expired, or they are under a verbal agreement, give them the choice of passing your screening and signing a new lease within five days or you will give them a 30-day Notice of Termination (or whatever your state requires).
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Vaughan Bryan
OP
Member since 2019 · 5 posts · 1 vote
7y
@Nathan G. Thank you
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