Legal Question in Business Law in Massachusetts

Tenants at Will Rights for Businesses.

I own a small family business in a local strip mall. Three years ago a major grocery store bought out the plaza. Prior to the buyout we told both the old and new landlords that we no longer wanted to rent out part of the location we are currently at. They told us okay but then never reduced the rent like they promised. We were paying $1750 per month at the time. $850 for one side, $900 for the other. They were seperate rental units. Should we be responsible to pay for it even if it was rented month to month and we gave them 6 months notice?

We also had our roof leaking so bad that it actually rained inside for almost the entire three years. there were parts of our space that we could not even use because of it. We had one machine get ruined because of the rain and our big walk in freezer shut off and ruined everything inside on three different locations due to power shortages caused by rain getting in to our ceiling lights. There is no question that the landlord claims responsibilty for fixing the roof. They just claimed they didn't have enough money. Shouldn't they be responsible for these loses?


Asked on 8/22/07, 6:14 pm

1 Answer from Attorneys

Herbert Cooper Law Offices of Jameson & Cooper

Re: Tenants at Will Rights for Businesses.

The first question, is what do you have in writing?

There are many additional facts which would bear on the answer- if you were renting month-to-month and had vacated, why would you continue to pay rent past the date you vacated? I.e., if you paid rent for an additional two and a half years...

As far as damages, has your landlord agreed to pay, in writing?

It sounds like there is more going on. If it is serious enough, and involves a sufficient amount of money to worry, you should at least speak with an attorney in your area familiar with commercial real estate law.

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Answered on 8/23/07, 5:41 pm


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