Selling a house with tenants in Massachusetts? Here’s how it changes the sale.

The short answer

You can sell a Massachusetts house while tenants live in it. A tenant with a lease generally keeps that lease after the sale. A tenant at will can be asked to leave only with proper written notice, usually 30 days or one rent period, whichever is longer, and only a court can order anyone out. The security deposit and any last month's rent must go to the new owner. Investors often buy with tenants in place. Many owner-occupant buyers want an empty unit, which can shrink your buyer pool and your price. Talk to a real estate attorney before you give any notice.

How each way fits, in full

Sell for cash, as-is. Often the simplest route when the tenants are staying, the unit is messy, or you want no showings. Investors buy with leases in place and price in the rent and the risk. Ask for the offer in writing and ask whether it assumes the tenants stay. If you want the unit empty, a "cash for keys" deal is one option: the tenant chooses to leave for a payment. It is a voluntary deal, not a right on either side, and you want an attorney to read it first.

List with a local agent. Usually the higher price when the house suits an owner-occupant (many two- and three-families here do) and you can hand it over empty at closing. The Attorney General's guide says a landlord has to arrange showings with the tenant in advance. Many leases say how much notice, and we could not find one statewide number, so read your lease. Cooperative tenants make a listing much easier.

Cleanout first. A unit that tenants leave with belongings in it often needs clearing before an investor sale or a listing. Ask your attorney what to do with items a tenant leaves behind before you throw anything out. JUNKRUN is a related business owned by the same people as Home Options MA, and we may earn money if you use it. Other cleanout companies exist, so get more than one quote.

JUNKRUN is owned by the same people as Home Options MA. If you choose a cleanout, we may earn money from it. No obligation to use it. See JUNKRUN estate cleanout

Steps that usually help

1. Pull every lease and note the rent, start and end dates, who is on it, and what deposit and last month's rent were paid. Write down which tenants have a lease and which are tenants at will.
2. Find out where each security deposit is held. The law says it sits in a separate, interest-bearing account in a Massachusetts bank and passes to the buyer at sale. Ask your closing attorney how it will be handled at closing.
3. Decide what you want before you send any notice: tenants stay (an investor or landlord buyer) or the unit is empty at closing (an owner-occupant buyer).
4. See a real estate attorney before you give notice, change a lock, or offer a cash-for-keys payment. A wrong notice can restart the clock.
5. Get a cash offer and an agent's market opinion. Ask each how they treat tenants and how they would set up showings in writing.
6. Plan the closing. The new owner has to tell tenants in writing about the transfer of their deposit within 45 days of receiving it. Your closing attorney can handle the paperwork.

Watch out for

• Only a court can order a tenant out. A landlord who locks out a tenant, cuts off heat or water, or interferes with quiet enjoyment can face a fine, up to six months in jail, and damages of the actual loss or three months' rent, whichever is greater (c.186 s.14).
• Retaliation is against the law. If you end a tenancy, raise rent or change terms within six months after a tenant reports a code problem or makes a similar complaint, the law presumes it is a reprisal. Damages run from one to three months' rent or actual damages, whichever is greater (c.186 s.18).
• If the deposit and last month's rent are not passed to the buyer, the tenant can be entitled to three times the amount, plus court costs and attorney's fees. The old owner stays liable until the money is transferred and the tenant has written notice (Mass.gov).
• If a lender forecloses on the building, tenants who moved in before the foreclosure and are not related to the old owner generally cannot be removed without just cause. Selling before that point keeps the choice in your hands.
• We could not verify the current rent rules for Boston-area cities and towns. Ask your attorney and your city or town hall about any local rule.

Official sources

• Mass. General Laws c.186 s.12: ending a tenancy at will
• Mass. General Laws c.186 s.14: utilities, quiet enjoyment, lockouts
• Mass. General Laws c.186 s.15B: security deposits and last month's rent
• Mass. General Laws c.186 s.18: reprisals against tenants
• Mass.gov: Security deposits and last month's rent
• Mass. Attorney General: Guide to Landlord and Tenant Rights (2025)
• Mass. Attorney General: Information for tenants in foreclosed buildings

This page is general information, not legal, tax or financial advice. See the honest cash vs listing math.