Claims I bring for landlords
- Unpaid rent and charges. Base rent, CAM charges, taxes and insurance pass-throughs, late fees and interest under the lease.
- Personal and corporate guaranties. Many small-business leases are personally guaranteed by the owners. When the tenant entity has nothing, the guarantor usually does.
- Post-abandonment damages. Rent for the remaining term, subject to the lease's terms and the landlord's efforts to re-let, plus re-letting costs.
- Damage to the premises. Restoration costs beyond ordinary wear, and removal of abandoned fixtures and equipment.
- Possession. Where a commercial tenant in default refuses to leave, summary process to recover the space.
Read the lease first
The outcome of most commercial lease disputes is set by the lease itself: the default and cure provisions, the notice requirements, any acceleration clause, how the security deposit can be applied, whether attorney's fees are recoverable, and the exact wording of the guaranty. I start every case by reading those provisions closely, because a defective notice can set a landlord back months.
Security and collection
A tenant that's failing may be moving equipment, inventory or money elsewhere. Where the facts support it, I ask the court at the start of the case to attach the guarantor's real estate or bank accounts so the judgment can be collected. After judgment, I use the same collection tools I use in any judgment collection matter.
Fees
Lease default claims against a solvent guarantor are often well suited to contingency. Many commercial leases and guaranties also shift attorney's fees to the tenant on default. How fees work.
I do not represent tenants. If you are a tenant looking for help, MassLegalHelp.org lists legal aid organizations and court resources.
Landlords: send me the lease, any guaranty, the rent ledger and copies of any default notices. Request a case review or call (617) 230-2779.