Legal Question in Landlord & Tenant Law in Massachusetts

If a phrase is used in an official document or posting that has legal meaning (ex. Quiet Enjoyment), can a company later claim that they intended the phrase to be interpreted with the 'layman's meaning' and to completely exclude the legal meaning?


Asked on 10/23/09, 12:52 pm

2 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

No. If the term refers to a tenant's right, it is gthe right as defined by landlord-tenant law in Massachusetts. The company cannot slip sideways on that; ambiguities are always interpreted against the scrivener. Here, any "ambiguity" (false ambiguity) is interpreted in favor of the legal meaning.

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Answered on 10/28/09, 1:03 pm

No. Legal documents that use "terms of art" such as quiet enjoyment in a lease are to be interpreted as such unless specifically modified by the terms of the document. This is true in commercial leases. In residential leases you cannot modify a tenants right to quiet enjoyment.

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Answered on 10/28/09, 2:07 pm


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