Legal Question in Landlord & Tenant Law in Massachusetts
Three years ago, the lease expired on a commercial retail space for which I was the lessee in Massachusetts. Following the expiration, the landlord increased the rent and changed the terms of the utility payments associated with the unit. He never provided a written and signed (by the landlord or me) lease for the extended use of the unit. After a period of three years following the expiration of the original and only lease, I vacated the property owing roughly 90 days of past due rent. My question is whether or not the landlord's request for late fees and the amount of the increase in rent following the expiration of the original lease is enforceable under the Statute of Fraud in Massachusetts?
1 Answer from Attorneys
If I understand your question, you are wondering if you owe for rent for a period you were in the premises. An exception to the statute of frauds is an oral agreement is enforcible to the extent one party received the benefit of the agreement. Here your occupied the premises for the period in question. As just, in my opinion , a court would likely hold you liable for rent. Howver, I would take the position that the oral increase in rent is not enforcible and you only liable for rent at the written lease rate.
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