Massacusetts LL/tenant law for commercial leases

[paulfr]

Hello & thanks for your time and attention...

I have a comm. property in Massachusetts. One of the tenants (has lease) is becoming a PITA. Her atty & I have sparred a little w/ OK outcome BUT who knows what's nxt. He has quoted residential LL/tenant MGL to me but this is a commercial situation.
Question- Are commercial leases in Massachusetts covered by residential LL/tenant law? Are there separate MGL's covering comm leases? Is there some overlap?

If you could point out some relevant links as well as answering the above I would appreciate it.

Again thanks to all who donate their time, knowledge and attention tho these forums.

paulfr

cross-posted in contracts

Paul, you need to read your state's LL-Tenant statutes. These statutes do not normally cover commercial contracts unless some clause in it states that it does. I read through your state's LL-Tenant chapter 186. I see nothing that states specifically that it does or does not include commercial. However, many sections of the law refer to a unit used as a "dwelling unit" or as used for residential occupancy. It futher defines a dwelling unit:
“Dwelling unit”, any house or building, or portion thereof, that is occupied, designed to be occupied, or is rented, leased or hired out to be occupied, as a home or residence of one or more persons.

A commercial lease could not be considered a dwelling unit for occupancy, so I doubt it would be covered. I suggest consulting with a real estate attorney in your area who knows how the state courts have rules on this. Case law would probably take precedent on this.

Thanks for your reply.

On your advice I read thru chp 186 & note the use of "dwelling" Section 11A is the only reference to "other than dwelling purpose". This comm. tenant is a PITA but they do have 14 day right to cure unless stated otherwise in the lease. Unfortunately I acquired the lease when I acquired the building.

This is a nice site.....thanks again

Paul, you don't say exactly what the tenant is doing to be such a PITA. Would you like to give some more info? Maybe we can help.

I am new to this site but I am fairly knowledgable in the commercial lease industry.

Alot of the provisions and statues in the MGL Ch 186 only and mainly covers Residentials Lease/Renting. Massachusetts Laws don't help out tenants much in commercial leasing world. One prime example is 'security deposits'. Under MGL provisions pertaining to security deposits, landlords are required to pay interest and place the security deposits in an interest bearing account, however this is only valid for residential and not commercial unless it is stated otherwise in the lease agreement.

You are correct that the tenat has 14 days to cure the default, but that's is only correct if this is the first notice to quit. After the first NTQ, the eviction process can start right after the NTQ. After the notice to quit has been serve it is now up to you whether or not you choose to keep them as a tenant or follow through with your eviction process.

If you have further question feel free to email me at john_sann@Yahoo.com