Legal Question in Real Estate Law in Massachusetts

What are my rights as a commercial tenant?

I have been renting a small building,(garage size), for 6 years at less than market value, because I had renovated it when I initially rented it, at no cost to the landlord,(agreed to by landlord and myself). I run a hair salon, and it was recently completely damaged by fire, due to an employees negligence. Unfortunately I had cancelled my insurance this year and lost everything. The landlord however, recieved a settlement and after renovations, he had $1000.00 left over. Now, after 4 months of waiting for contractors to finish up, and being unemployed for the duration, he wants me to pay almost double the rent,(from $350.00 to $600.00 a month). Compounded by the fact that he refused to supply lighting or a floor, so I had to purchase that myself.

First off....is this legal? and secondly, does not a landlord have to furnish a rental property with adequate lighting and a floor in order to rent it legally? What can I do? (very frustrated)

Thank You For Your Time


Asked on 12/14/00, 4:01 pm

1 Answer from Attorneys
Stuart Williams

Re: What are my rights as a commercial tenant?

What city or town are you in, please? Why don't you write to me directly at [email protected] with some answers to my questions below.

I don't understand your story that well. First, I don't understand how there could be no floor.

You say "I had to purchase that [ and lighting ] myself." Do you mean that you first paid for those things, AFTER the fire (and after waiting 4 months) and then he decided to raise the rent? If so you could have a legal claim that your payment for those things (and his acceptance of that arrangement) committed him to re-rent to you at the old rate for some length of time to be further discussed, possibly as much as a normal 5-year lease renewal.

Have you ever had a lease?

Rental of commercial space is not like residential space, and the landlord is rarely required to do or supply anything except that if he leaves the property unsafe, he may be liable for any injuries.

Out of curiosity, how was the fire the employee's fault?

The fact that he had $1,000 left over doesn't matter to you in any way that I can see. That's between him and his insurance company and it doesn't mean he has to spend more money on the property for you.

Good luck.

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Answered on 12/18/00, 11:03 am


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