Legal Question in Real Estate Law in Massachusetts

I have a commercial lease in Massachusetts that is automatically renewable. The exact wording in the lease is: "Lease will automatically renew for one (1) year lease extensions unless Subtenant gives written notice to Sublandlord. Notice must be given within ninety (90) days of the lease termination date." I had no plans to terminate my lease so I did not inform the sublandlord of anything. I thought the lease would just renew and we would go forward. The sublandlord came to me 2 weeks before the lease termination date and asked if I planned to stay because I had not notified her 90 days prior. I said I did not notify her because I was staying and had no changes. However, she said she would draw up a new lease proposal for another year lease. She did that but raised the rent significantly and said I was in the automatic renewal lease. My question is if I am on the hook for another year of the original lease. The original lease did not indicate any increase in the rent upon renewal. I have not signed the new lease proposal or lease for the higher rent. Because of the higher rent, I do not to renew it. Is it too late to terminate the lease? Can she hold me to the one year for the automatic renewal? Can I just walk away from the new lease that she is proposing with the increase in rent (increase is 21%)?


Asked on 8/03/14, 4:20 pm

1 Answer from Attorneys

Without reading the lease no one can be sure what the provision means. However, if it says it automatically renews for one year any increase in rent has to be provided in the renewal terms. By automatically renewing, absent a provision to the contrary no increase and no new lease terms are required.

I suggest you contact an attorney for assistance sooner or later.

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Answered on 8/03/14, 6:36 pm


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