Massachusetts Commercial Lease Extension
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How to fill out Commercial Lease Extension?
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FAQ
If you decide to try to negotiate a lease extension, there are no rules and your landlord could refuse to extend your lease, or set whatever terms they like.
Can the contractual term of a commercial lease be extended? Yes. Subject to satisfying certain criteria, business tenants have a statutory right under the Landlord and Tenant Act 1954 to extend the contractual term of their lease. At the end of the lease, the tenant can ask the landlord for a new lease.
If the lease expires without action or renewal, the tenant does not become a squatter. Under Massachusetts law, they become either a "tenant at will" or a "tenant at sufferance" . The difference is whether they have the landlord's permission to remain.
Commercial tenants usually remain in a property when a lease has expired because they are still negotiating the terms of a new, renewed lease with the landlord or they have an informal agreement to stay on.
Commercial tenants usually remain in a property when a lease has expired because they are still negotiating the terms of a new, renewed lease with the landlord or they have an informal agreement to stay on.
As already mentioned, business tenants will generally have the right to continue their tenancy agreement when it expires, but under certain extreme cases landlords do have the power to refuse to renew a lease.
Currently, leaseholders of houses can only extend their lease once, by a 50-year period, while leaseholders of flats can extend leases as often as they wish for a 90-year period.
When a lease ends, a tenant may choose to move, continue to pay rent as a month-to-month tenant, or sign a new lease. If a tenant continues to pay rent after a lease ends, in most states the terms of the expired lease carry over into a month-to-month tenancy.
In Massachusetts, the landlord cannot terminate a lease, refuse to renew a lease, or raise the rent on a tenant who has: Exercised a legal right.
