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?
2 Answers from Attorneys
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.
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.
Related Questions & Answers
-
Is it the law that heat cant be turned on till november 15 Asked 10/12/09, 8:45 pm in United States Massachusetts Landlord & Tenants
-
If two people sign a rental agreement, are they considered "one person"... Asked 10/05/09, 8:09 pm in United States Massachusetts Landlord & Tenants