DocDraft Logo

Massachusetts Notice to Tenants of Intent to Sell

Massachusetts lets either party end a tenancy at will with written notice of at least 30 days or one full rental period before the next rent due date, whichever is longer, and a sale by itself does not end that tenancy. DocDraft's AI drafts your Notice of Intent to Sell in minutes, with attorney-review available before you send it.

Introduction

Thinking about selling your Massachusetts rental? Before you list it, it helps to know how state law handles a sale when someone is living there. One detail catches a lot of owners off guard: a tenancy at will does not automatically end just because you sell the property. DocDraft can help you create a Notice of Intent to Sell, with optional review by legal counsel, so your interests stay protected and you stay in step with the Commonwealth's rules.

0/5000

Key Things to Know

  1. 1

    The clock on any required notice starts when the tenant actually receives it, not when you send it. Build in extra time for delivery so the count works out.

  2. 2

    While you are marketing the home, no specific statute sets an exact notice period for entering to show the unit to buyers. You still have to give 'reasonable notice,' which is mostly governed by your lease agreement.

  3. 3

    Massachusetts does not offer an official, state-approved form for this notice. A clear, written document that properly identifies the parties, the property, and any termination date is legally sufficient.

  4. 4

    You are fully allowed to sell with a tenant still living there. The new owner steps into your shoes and takes on all of the landlord's rights and obligations under the existing tenancy.

  5. 5

    When you sell, you are legally required to hand the tenant's security deposit, including all accrued interest, over to the new owner, who then becomes responsible for those funds.

  6. 6

    Under established Massachusetts precedent, selling the property does not by itself end an existing tenancy at will. That tenancy continues on its original terms with the new owner until it is properly and lawfully ended.

  7. 7

    To keep everything above board, the General Laws of Massachusetts (M.G.L. c. 186, § 12) require written notice of at least thirty days or one full rental period, whichever is longer, to end a tenancy at will.

Key decisions before you file

Before you file a Notice to Tenants of Intent to Sell in Massachusetts, a few decisions shape the document: which option to choose and what each one means. The Notice to Tenants of Intent to Sell guide walks through them.

Open the Notice to Tenants of Intent to Sell guide

Customize your Notice to Tenants of Intent to Sell Template with DocDraft

Notice to Tenants of Intent to Sell Property in Massachusetts

Date: ____________________

To the Tenant(s) Named Here: ____________________ Address of the Rental Property: ____________________, Massachusetts, ZIP __________

From the Owner of Record: ____________________ Owner's Mailing Address: ____________________

1. Notice of Intent to Sell

This letter is to let you know that the undersigned, the owner of record for the property you currently occupy, has decided to sell it to a buyer. In Massachusetts, selling the property does not by itself end a valid tenancy at will. We are sending this notice so you are fully aware of the coming sale and, where it applies, so it can serve as the written notice the law requires to formally end your tenancy. You can read a broader overview of this topic here: (/legal-document/notice-to-tenants-of-intent-to-sell). Please read this entire document carefully.

2. Your Tenancy Stays the Same

Your occupancy is legally a tenancy at will, which most people know as a month-to-month tenancy. Your right to stay in the home continues, unchanged and under all existing terms, including the rent amount and its due date, until the tenancy is ended lawfully by either side with enough written notice. Nothing about the sale, on its own, changes what you owe or when you owe it. If the property sells while you are still living there, the new owner takes on all of the landlord's rights and obligations and is bound by your current terms until the tenancy is lawfully ended.

3. Notice of Tenancy Termination (If Selected)

Please note the option checked below. Only one of the two applies.

[ ] Information Only: This notice is for your information. Your tenancy at will is not being ended at this time. Please keep paying rent as usual and on the normal schedule.

[ ] Formal Notice to End Tenancy: This document also serves as clear, formal notice that your tenancy at will is ending. Under the Massachusetts General Laws (M.G.L.) Chapter 186, Section 12, your tenancy for the property above will end on the following date:

Termination Date: ____________________

This date has been set to give you the greater of two periods: thirty (30) full days from the day you receive this notice, or one full rental period before your next rent payment is due, whichever is longer. Until that date arrives, please continue to occupy the home and pay rent on the usual schedule.

4. Access for Property Showings

5. Security Deposit and Rent

Certificate of Service

I confirm that a true and correct copy of this notice was given to the tenant(s) on the date below, using the method checked:

Method of Service: [ ] Personal Delivery (in-hand) [ ] Certified Mail (Receipt No. ____________________) [ ] First-Class Mail (postage prepaid) [ ] Other (specify): ____________________

Date of Service: ____________________

Massachusetts Requirements for Notice to Tenants of Intent to Sell

Notice Period for Tenancy at Will

To end a tenancy at will, landlords must provide written notice of at least 30 days or one full rental period before the next rent due date, whichever is longer.

Statutory Notice Calculation (M.G.L. c. 186, § 12)

Under M.G.L. c. 186, § 12, the default notice period to end a tenancy at will is three months, but this is shortened to the rent payment interval or 30 days (whichever is longer) if rent is paid more frequently.

Written Notice Requirement

All notices to terminate a tenancy at will in Massachusetts must be in writing. Verbal notices are not legally sufficient to start the termination process.

Essential Notice Information

The notice must clearly identify the landlord and tenant, provide the address of the rental property, and state a specific, unambiguous termination date.

Notice Period Commencement

The notice period begins when the tenant actually receives the written notice, not when it is sent. Landlords must account for delivery time when setting the termination date.

Right of Access for Showings

Massachusetts law does not specify a minimum notice period for entry to show a unit. The right of access and notice required are governed by the lease agreement; reasonable notice should always be provided.

Continuation of Tenancy After Sale

A property sale does not automatically terminate a tenancy at will. The new owner inherits the tenant and the existing rental terms until the tenancy is properly terminated by either party.

Legal Process for Possession (Summary Process)

If a tenant remains after a valid notice period expires, the landlord must file a summary process (eviction) lawsuit in court to legally regain possession of the property.

Frequently Asked Questions

Massachusetts sets no fixed number of hours in statute for entry, so I owe my tenant reasonable notice before bringing buyers through. In practice, 24 hours in writing is the accepted standard. I also read my lease first, since any entry terms it spells out control what I actually have to do.

Selling changes who collects the rent, not the lease itself. My buyer steps into my shoes and takes the property with the tenant already in place, so every term, including the end date, keeps running. The tenancy only ends when the lease expires or is lawfully terminated.

There is no official Massachusetts form for this. Any clear written notice works, as long as it states that I am selling and gives my tenant the information they need. What matters is that it is in writing and delivered properly, not that it follows some state template.

As long as my lease lets me enter for showings and I have given reasonable notice, roughly 24 hours, my tenant usually cannot turn me away. Refusing entry after proper notice can itself breach our agreement, which gives me grounds to act. I still keep visits at sensible times.

A sale on its own leaves a month-to-month arrangement intact. To end it, M.G.L. c. 186, Section 12 says I must give written notice of at least 30 days or one full rental period, whichever is longer. Skip that step and the tenancy just carries over to the buyer.

The notice should spell out that I plan to sell the property, describe how I will coordinate showings around my tenant's schedule, and confirm that any current fixed-term lease keeps its full force even after the building changes hands. Clear wording on all three points prevents confusion later.

This document travels best when I pick a method that proves it reached my tenant. Handing it over in person, sending it by certified mail with a return receipt, or using whatever delivery route my written lease already authorizes all give me a solid record that receipt actually happened.

The security deposit follows the property to its next owner at closing. Once that handoff happens, the buyer steps into my shoes and takes over holding those funds, then returns them to my tenant when the tenancy eventually ends. My responsibility for the money passes along with the title.