Massachusetts Commercial Lease Agreement
A Massachusetts commercial lease agreement is a legally binding contract between a commercial property owner (landlord) and a tenant. This agreement outlines the terms, conditions, and responsibilities associated with renting and maintaining the commercial space. Typically, commercial leases are more extensive than residential leases, as they often span several years.
Massachusetts Commercial Lease Agreement
Due Diligence
Before signing the lease, both parties engage in due diligence:
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Landlord Responsibilities: The landlord conducts a tenant screening to ensure the tenant is reliable in making payments. Additionally, the landlord may secure a personal guarantee from the tenant.
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Tenant Responsibilities: The tenant is responsible for inspecting the property to ensure it meets the needs of their business.
Massachusetts Business Entity Search
Landlords can utilize the Massachusetts Business Entity Search database to verify if a business has the necessary license to operate within the state.
Rental Laws
The rental laws governing commercial leases in Massachusetts are outlined in the General Laws of Massachusetts Chapter 106, Article 2A.
Consumer Protection Laws
Consumer protection laws relevant to commercial leases are specified in General Laws of Massachusetts § 106-2A-104.
Jurisdiction
According to General Laws of Massachusetts § 106-2A-106, the jurisdiction for enforcing the lease agreement should be one where:
- The tenant resides at the time the agreement becomes enforceable (or within 30 days of that date), or
- The goods will be used.
If the chosen jurisdiction does not meet either of these criteria, the jurisdiction decision is deemed invalid.
Statutes
- Mass. Gen. Laws ch. 186 § 15B(1)(b)(iii) – Entrance of premises prior to termination of lease; payments; receipts; interest; records; security deposits
- Mass. Gen. Laws ch. 186 § 15B(3)(a) – Entrance of premises prior to termination of lease; payments; receipts; interest; records; security deposits
- Mass. Gen. Laws ch. 186 § 15B(3)(b) – Entrance of premises prior to termination of lease; payments; receipts; interest; records; security deposits
- Mass. Gen. Laws ch. 186 § 15B(1)(e) – Entrance of premises prior to termination of lease; payments; receipts; interest; records; security deposits
- Mass. Gen. Laws ch. 186 § 15B(2)(c) – Entrance of premises prior to termination of lease; payments; receipts; interest; records; security deposits
- Mass. Gen. Laws ch. 186 § 15B(4)(iii) – Entrance of premises prior to termination of lease; payments; receipts; interest; records; security deposits
- Mass. Gen. Laws ch. 186 § 15B(2)(d)(iii) – Entrance of premises prior to termination of lease; payments; receipts; interest; records; security deposits
- Mass. Gen. Laws ch. 186 § 15B(3)(a) – Entrance of premises prior to termination of lease; payments; receipts; interest; records; security deposits
- Mass. Gen. Laws ch. 186 § 15B(7) – Entrance of premises prior to termination of lease; payments; receipts; interest; records; security deposits
- Mass. Gen. Laws ch. 186 § 15B(9) – Entrance of premises prior to termination of lease; payments; receipts; interest; records; security deposits
- Mass. Gen. Laws ch. 186 § 15B(1)(c) – Entrance of premises prior to termination of lease; payments; receipts; interest; records; security deposits
- Mass. Gen. Laws ch. 186 § 15B(1)(b)(i-ii) – Entrance of premises prior to termination of lease; payments; receipts; interest; records; security deposits
- Mass. Gen. Laws ch. 239 § 8A – Rent withholding; grounds; amount claimed; presumptions and burden of proof; procedures
- Mass. Gen. Laws ch. 111 § 127L – Repairs by tenants of residential premises to cure violations; reimbursement for cost
- Mass. Gen. Laws ch. 186 § 12 – Notice to determine estate at will
- Mass. Gen. Laws ch. 186 § 11 – Determination of lease for nonpayment of rent
- Mass. Gen. Laws ch. 186 § 15F – Certain provisions of lease or rental agreement relating to residential real property as to litigation and liability of landlord deemed void; remedies of tenant
- Mass. Gen. Laws ch. 186 § 21 – Disclosure of insurance information by lessor; violations; waiver
- Mass. Gen. Laws ch. 186 § 24(a) – Termination of rental agreement or tenancy upon notification to owner that household member is victim of domestic violence, rape, sexual assault or stalking
- Mass. Gen. Laws ch. 186 § 24(b) – Termination of rental agreement or tenancy upon notification to owner that household member is victim of domestic violence, rape, sexual assault or stalking
- Mass. Gen. Laws ch. 186 § 25 – Owner prohibited from refusal to enter into rental agreement based on sec. 24 or 25
- Mass. Gen. Laws ch. 186 § 26 – Owner required to change locks if requested by tenant under imminent threat of domestic violence, rape, sexual assault or stalking; denial of key to alleged perpetrator
- Mass. Gen. Laws ch. 186 § 18 – Reprisal for reporting violations of law or for tenant’s union activity; damages and costs; notice of termination, presumption; waiver in leases or other rental agreements prohibited
- Mass. Gen. Laws ch. 239 § 2A – Retaliation Presumption
- Mass. Gen. Laws ch. 139 § 19 – Voiding of lease of tenant using premises for common nuisance
- Mass. Gen. Laws ch. 218 § 21 – Power to establish rules of small claims procedure; venue; jurisdictional amount; hearings; damages and penalties
FAQs
A Massachusetts commercial lease agreement is a legally binding contract between a property owner and a tenant, outlining the terms, conditions, and responsibilities of renting a commercial space. It typically covers a longer duration than residential leases, as businesses often require the space for several years.
In a commercial lease, landlords are responsible for ensuring the tenant is reliable, often through tenant screening and securing a personal guarantee. Tenants must ensure the property meets their business needs, which typically involves inspecting the space before signing the lease.
A landlord can use the Massachusetts Business Entity Search database to check if a business has the necessary license to operate in the state. This helps ensure that the tenant is a legitimate and compliant business entity.
According to Massachusetts General Laws, the jurisdiction for a commercial lease must be where the tenant resides at the time the agreement becomes enforceable or where the goods will be used. If the chosen jurisdiction does not meet these criteria, the decision is invalid.
Commercial leases in Massachusetts are governed by the General Laws of Massachusetts Chapter 106, Article 2A, which outlines the legal framework for rental agreements and tenant-landlord relationships in commercial settings.
Consumer protection laws relevant to commercial leases in Massachusetts are outlined in General Laws of MA § 106-2A-104. These laws are designed to protect tenants from unfair practices and ensure transparency in lease agreements.
Commercial leases in Massachusetts can vary in length, often extending for several years, depending on the needs of the business. The duration is typically longer than residential leases due to the nature of business operations.
Before signing a commercial lease, tenants should thoroughly inspect the property to ensure it meets their business needs. Additionally, they should conduct due diligence on the lease terms and the landlord’s reliability.