Massachusetts Expansion Option Clause

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US-OL24032
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This office lease clause provides the tenant with a right of first refusal if additional space becomes available within the building.

The Massachusetts Expansion Option Clause is a legal provision incorporated into commercial lease agreements in the state of Massachusetts. This clause grants the tenant the opportunity to expand their rented premises within the same building or complex at a later date, subject to certain conditions and terms. The purpose of the Massachusetts Expansion Option Clause is to provide flexibility to tenants and accommodate their potential growth needs during the lease term, eliminating the hassle of relocating to a new space within the same property or finding a new location altogether. Different types of Massachusetts Expansion Option Clauses include: 1. Right of First Offer (ROFL): This type of expansion option clause grants the tenant the first opportunity to lease any additional available space within the same building or complex. The landlord must offer the tenant the ability to lease such space before offering it to any other prospective tenants. The tenant then has the choice to accept or decline the offer. 2. Right of First Refusal (ROAR): In this scenario, the tenant is given the right to match or better any lease terms offered to a third party for additional space within the building or complex. If the landlord receives an offer from another party, the tenant with the ROAR has the option to either accept the same terms or improve the offer within a specified time frame. 3. Renewal and Expansion Options: This combines the option to extend the lease term with the ability to expand into additional premises if needed. Tenants can negotiate multiple renewal periods and predetermined expansion terms within the original lease agreement. 4. Expansion Option Trigger: This type of clause allows the tenant to exercise the expansion option after specific events occur, such as reaching or exceeding a predetermined revenue threshold or meeting certain growth objectives. Once the trigger event happens, the tenant can expand into the available space within the building or complex. In conclusion, the Massachusetts Expansion Option Clause provides tenants with valuable expansion opportunities within the same property. Whether through the Right of First Offer, Right of First Refusal, Renewal and Expansion Options, or Expansion Option Trigger, tenants are empowered with the ability to grow their businesses conveniently while maintaining continuity and minimizing disruption.

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FAQ

Regarding tenancies-at-will, Massachusetts law mandates that landlords provide tenants with at least 30 days' notice before raising rent or if longer, a period equivalent to the frequency of rental payments.

In terms of commercial real estate, expansion options provide tenants with the choice to add more space to their rented premises. Typically, this would apply to an office space or retail location where the tenants seek to expand into an adjoining space.

What Are Expansion Clauses? An expansion clause is something that can be negotiated into a commercial real estate lease that allows the tenant guaranteed or preferential rights to expand within the building or portfolio from which they are leasing.

Rent Increases: There is no legal limit to the amount of rent a landlord can charge. However, in order for the rent increase to be valid, the landlord must provide the tenant proper notice of the raise in rent and the tenant must agree to it (signs the lease with the new monthly rent).

A Tenant at Will is one who occupies a rented apartment without a lease, but pays rent periodically (typically monthly). Either the landlord or the tenant may terminate this arrangement at any time by giving written notice of 30 days or one full rental period in advance, whichever is longer. No reason is required.

Ten months into the year, rents in Boston have risen 6.7%. This is a similar rate of growth compared to what the city was experiencing at this point last year: from January to October 2022 rents had increased 7.2%.

The amount of notice will depend on the length of the lease term: Monthly Leases - Either 30 days or a number of days equal to the interval between each rent payment. Yearly Leases - Three months of notice, as long as the payment intervals are three months or longer.

Your landlord must send you a "14-Day Notice to Quit" if terminating your tenancy for non-payment of rent (M.G.L. c. 186, § 12). If it is being terminated for any other reason, you must be given written notice 30 days, or one full rental period in advance, whichever is longer.

The expansion clause in commercial leases is a negotiable agreement between the landlord and tenant that permits the tenant an equitable right to expand within the building or property they are being leased.

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Massachusetts Expansion Option Clause