Legal Question in Real Estate Law in Massachusetts

A person is interesting in taking over my salon in plaza. She submitted 3-year tax returns and personal financial statement for the building owner for more than 3 weeks. However, when I asked the building owner about when she can make decision so the buyer can take over the lease (6 years), she said it is not her obligation...it can take 1 or 2 years and I have to wait. But, I can wait that long and I do not know is it right for the building owner to do that do me?


Asked on 1/12/12, 11:40 am

1 Answer from Attorneys

I cannot make any absolute statements without reading your lease, but the Landlord has to act in a commercially reasonable manner. She has an obligation to respond within a reasonable time and she cannot take a year to two years to make a decision.

It is in fact her obligation to act in a commercially reasonable manner. She can deny the assignment for good reason. She can allow an assignment of the lease, which will not release you from the obligation under the lease but makes the person taking over the salon directly responsible for the lease. Alternatively, she can allow for the assignment of the lease and release you from the lease.

If you feel you need assistance, please feel free to contact me.

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Answered on 1/12/12, 11:51 am


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