Massachusetts Land Use Monitor

Massachusetts Land Use Monitor

Real-Time News & Commentary on Massachusetts Land Use & Real Estate Law

Tag Archives: landlord-tenant

Tenant Required to Prove that It Terminated Lease

Posted in Landlord-Tenant
Earlier this week the Appeals Court decided that a tenant has the burden of proving that it properly exercised its option to terminate a written lease.  The commercial lease in Patriot Power, LLC v. New Rounder, LLC,  provided that it would renew automatically each  year unless one of the parties timely notified the other that it wished… Continue Reading

Commercial Landlords: Corporate Changes On Tenant’s Side Could Leave You Holding The Bag

Posted in Landlord-Tenant
A commercial landlord might assume it has recourse to recover unpaid rent from the parent company of a tenant/subsidiary when (1) during the lease term, the tenant is acquired by another company which converts the tenant into its subsidiary, (2) the parent moves into the leased space with its new subsidiary, (3) the parent commingles corporate funds with the subsidiary, (4) the parent and the subsidiary have… Continue Reading

Rental Managers Beware!

Posted in Landlord-Tenant
A trend to hold managers of residential real estate responsible for dangerous conditions seems to be in the making.  The Worcester Superior Court’s decision earlier this year in Goodman v. First Horizon Loans (WOCV2011-2221) denied SingleSource Property Solutions, LLC’s motion to dismiss claims filed by a tenant at property managed – but not owned – by SingleSource.  The… Continue Reading

Appeals Court Rules That Summary Process Can Only Be Used Against Parties In Possession

Posted in Landlord-Tenant
In Massachusetts, the legal process for evicting commercial and residential tenants is governed not by the common law but by a statute (a very old statute – parts of it date from the 1700s), M.G.L. c. 239.  Chapter 239 gives a landlord an expedited judicial procedure, called summary process, to recover possession of its property from… Continue Reading