How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35297
Experience:  16 years real estate, Realtor. Landlord 26 years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

Massachusetts-Commercial Eviction Landlord just bought a

This answer was rated:

Massachusetts-Commercial Eviction
Landlord just bought a commercial retail space occupied by hair salon.
The lease expired in June 30, 2013. Lease has an "option to extend" where tenant had to give "written notice." There is no evidence this was ever exercised. Tenant continues to pay on the first as normal.So this means this hair Salon is a commercial tenant at will right?Landlord wants to remove commercial tenant and get his place back. Can he send a 14 day notice to quit? Any case law available for that?

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

Does the lease state that the tenant has to exercise that option within a certain period of time?

.

Do they have to exercise it before the current lease expires?

.

.

thanks

Barrister

Customer: replied 5 months ago.
Hi Barrister,
Option: The term of the lease shall be for 5 years ending in 6/30/13 with an option to renew for 5 years until August 30, 2018, provided leasee is not in default and for lesee to give NOTICE OF INTent TO EXERCISE THE LEASE 6 MONTHS PRIOR TO Expiration IN WRITING VIA IN HAND DELIVERY TO THE LESSOR. Rent to be determined by market rate.

Ok, then this is pretty clear to me.. If they didn't exercise the option as required under the lease contract, or they can't prove that they did, then that option lapsed and when the lease expired, if the parties continued on with the tenancy, then it converts to a month to month by default with either party being able to terminate with a 30 day written notice. See Mass. Gen. Laws Ann. ch. 186 § 12.

.

So no, he can't do a 14 day, as the tenant is a month to month tenant if they pay monthly and that requires a 30 day written notice.

.

As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

.

.

thanks

Barrister

Customer: replied 5 months ago.
Ah! You know the pain then! Me too, but I do residential.Last question please: I sent this bad NTQ with 27 day notice. May I send another one again? Is there anything preventing me from doing so? Thx again

Yes, landlording is lots of fun...no work, we just ride around and collect rent and wave at people....at least that is what the tenants and non landlords think... And yes, I have residential rentals as well... and I do all my own maintenance..

.

If you didn't give them a written 30 day, then there is nothing that would prevent you from sending a new notice stating you are rescinding the previous one and the tenant now has 30 days to vacate (make sure you count starting the day after delivery) as you are terminating the tenancy under Mass. Gen. Laws Ann. ch. 186 § 12.

.

Then you just sit back and wait for the 30 days to expire. However, if they get the idea that they don't have to pay rent when due for the next month, you can accelerate that notice to a 14 day notice for to pay or vacate. That doesn't negate the 30, it just might allow you to get them out sooner. For example rent is due on the 15th... you give them a 30 day notice tomorrow, the 11th. It starts counting the 12th. But if they didn't pay rent when due on the 15th, you can then give them a 14 day and cut off about 2 weeks if they didn't pay. If they did pay, the 30 day is still in effect and you just have to wait the roughly 2 weeks extra to file to evict if they don't vacate.

.

.

thanks

Barrister

Barrister and 4 other Real Estate Law Specialists are ready to help you

Thanks very much for the positive rating and generous bonus, it is greatly appreciated!

. .

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

.

.

Barrister