Massachusetts Commercial Lease Review

Can a Massachusetts landlord change the locks on a business?

Chapter 184, section 18 provides that no person shall attempt to recover possession of land or tenements in any manner other than through an action under chapter 239 (summary process) or other proceedings authorized by law. On its face that covers land and tenements generally, not only homes. A lease clause allowing the landlord to re-enter and change locks on default should be read as subject to that rule, and you can reasonably ask for it to be rewritten to require court process. If a landlord does lock you out, raise section 18 promptly and keep a record of the lost trading days and any stock or equipment you could not reach.

What notices apply in a Massachusetts commercial tenancy?

Chapter 186, section 11 lets a landlord end a written lease for nonpayment with a fourteen days’ notice to quit. The statute lets the tenant stop the termination by paying the full amount due, with interest and costs, on or before the answer date in the court case. Check whether your lease purports to waive notice, and take advice before relying on it.

Under section 12, a tenancy at will ends on three months’ written notice, or where rent is due more often, on notice equal to the rent interval or thirty days, whichever is longer. Holdover clauses usually override this, so read yours before the term ends and agree any extension in writing.