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Dave Kennett
Dave Kennett, Lawyer
Category: Real Estate Law
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Experience:  25 years experience
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I have a tenant who had a 5 year lease and runs a coffee shop.

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I have a tenant who had a 5 year lease and runs a coffee shop. Her lease was up April 30, 2013 and as of today she still hasn't signed the new 5 year lease. Can I stop her from opening the coffee shop until she signs the new lease? This is in MA
Dear JACUSTOMER - Whenever a lease expires the rule is that the tenancy becomes "month to month" so you can give her a 30 day notice to vacate and then if she fails to leave you can file a suit for forcible entry and detainer and have her removed. Until then you cannot stop her from opening her shop but I would assume that if she wants to keep the shop will sign the lease if she believes she is being evicted. So you can serve the 30 day notice today but you cannot stop her from opening her shop since she legally is a month to month tenant. The only exception would be if there is something in the lease that specifically says she cannot open the shop unless a lease has been signed. If that is in the lease then you could possibly obtain a restraining order to stop her from opening her shop.
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