Commercial Lease Laws in Massachusetts
Don't sign a lease in Massachusetts until you understand the local statutes, tax implications, and common landlord traps.
Key Statutes & Considerations
Unfair or deceptive acts by a landlord can trigger double or triple damages under Mass. Gen. Laws ch. 93A.
Common Red Flags in Massachusetts
Commercial real estate in Massachusetts typically favors the landlord in standard lease drafts. Whether you are in Boston or elsewhere, you need to watch out for:
- Uncapped NNN Charges: Variable costs like property taxes and insurance can skyrocket.
- Broad Indemnification: Clauses that require you to pay for the landlord's negligence.
- Relocation Clauses: Rights for the landlord to move your business to a worse location.
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Frequently Asked Questions
Is a Triple Net (NNN) lease legal in Massachusetts?
Yes, NNN leases are the industry standard for commercial retail and office space in Massachusetts. They shift the burden of property taxes, insurance, and maintenance to the tenant.
Can I negotiate my commercial lease in Massachusetts?
Absolutely. Unlike residential leases, commercial leases are presumed to be negotiated between equal parties. Never sign the first draft.