Brighton, MA asked in Landlord - Tenant and Real Estate Law for Massachusetts

Q: Does a commercial lease agreement & term truly end if the landlord does not extend the lease term of a tenant?

Id like to know:

1) Does a commercial lease agreement & term truly expire to allow the landlord to take complete repossession of a leased space at the end of the lease term even though the tenant would like to stay as tenant for a longer period, the tenant does not have a option to renew or extend the lease agreement & term and the landlord does not want that tenant to remain as tenant because he seeks to lease the space to another new tenant?

2) Can the tenant force the landlord to allow the tenant to remain as tenant for a longer period after the lease agreement & term ends, if so in what manner can they do so?

3) Can the tenant force the landlord to allow the tenant to remain as tenant for a longer period after the lease agreement & term ends by not leaving the leased premise and attempting to pay the landlord rent and if so is this a ineffective measure for the tenant to pursue as long as the landlord does not accept and cash the rent payment?


1 Lawyer Answer
Christopher Tolley
Christopher Tolley
  • Boston, MA
  • Licensed in Massachusetts

A: 1) If the lease does not give the tenant some mechanism for extending the lease term such as an additional term, option to renew, etc., once the lease expires, the tenant no longer has a right to occupy the premises. The landlord is not permitted to perform a 'self help' eviction however and if the tenant will not vacate the premises the landlord is required to resort to a court action to have the tenant removed and follow all requirements of the lease and applicable law in doing so.

2) The tenant can unlawfully remain in the premises after the lease term ends.

3) See response to #2 above. The landlord is permitted to accept payments from the tenant and pursue eviction at the same time so long as the landlord accepts any payments for use and occupancy only and not as an extension of the lease or the creation of a new tenancy.

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