Commercial Landlord-Tenant Lawyer in Massachusetts

Commercial tenancies are governed mainly by the lease, not by the tenant-protection statutes that apply to apartments. That makes the lease language, notices, and deadlines decisive. Muggeo & Associates represents commercial landlords, business tenants, and personal guarantors across Massachusetts in lease negotiation, defaults, evictions, and litigation.

How Commercial Tenancies Differ From Residential

Lease controls. Notice periods, cure rights, default remedies, maintenance duties, and fee-shifting are usually set by the lease.
No implied warranty of habitability. The residential warranty generally does not apply to commercial space; tenants rely on express lease terms and the covenant of quiet enjoyment.
No § 8A conditions defense. The G.L. c. 239, § 8A defense and counterclaim provisions apply to residential premises.
Security deposits. The residential security deposit statute does not govern commercial deposits; the lease does.
Business-to-business 93A. Claims may arise under G.L. c. 93A, § 11 rather than § 9.

Commercial Matters We Handle

Lease review and negotiation for retail, office, restaurant, industrial, and mixed-use space
Rent defaults, notices to quit, and commercial summary process under G.L. c. 239
Personal guaranty review and guarantor defense
CAM, operating expense, and real estate tax pass-through disputes
Build-out, tenant improvement, and allowance disputes
Holdover tenants and use-and-occupancy claims
Assignment, subletting, and relocation clause disputes
Quiet enjoyment and access interference, including construction disruption
Water intrusion and mold that make space unusable
Liquor-licensed and other regulated premises where the lease and license interact

If You Are a Commercial Tenant in Default

Read the default and cure provisions and calendar every deadline.
Respond in writing and keep a record of all communications.
Do not abandon the premises or stop paying without advice; abandonment can trigger acceleration and guaranty claims.
Gather records of any landlord breach, such as failed repairs or access problems, that may support a defense, setoff, or negotiated workout.

If You Are a Commercial Landlord

A clean notice, a properly calculated demand, and a lease-compliant termination are the foundation of a successful case. We prepare notices, file and try summary process cases, pursue guarantors, and negotiate surrender and payment agreements that avoid extended litigation.

For more on lease litigation, see our commercial lease litigation page and our business law practice.

We represent tenants, landlords, and property owners across the North Shore, including Salem, Peabody, Beverly, Lynn, Marblehead, Swampscott, Danvers, Gloucester, Newburyport, Lynnfield, and communities throughout the North Shore.

Frequently Asked Questions

How does a commercial eviction work in Massachusetts?

A commercial landlord generally must terminate the tenancy according to the lease and Massachusetts law and then bring a summary process case under G.L. c. 239. Notice periods and cure rights are usually set by the lease. Self-help lockouts carry significant risk, and court process is the safer path.

Can a commercial tenant raise conditions as a defense to eviction?

The G.L. c. 239, § 8A conditions defense applies to residential premises. Commercial tenants instead rely on lease provisions, the covenant of quiet enjoyment, and contract defenses and counterclaims, which may be heard differently depending on the court.

Am I personally liable on my business lease?

If you signed a personal guaranty, you may be. The scope depends on the guaranty language, including any cap, “good guy” provision, or burn-off. We review guaranties before signing and defend guarantors when landlords seek to collect.

Does Chapter 93A apply to commercial lease disputes?

Often. G.L. c. 93A, § 11 can apply to unfair or deceptive conduct between businesses, including landlords and commercial tenants, and can allow multiple damages and attorney fees when the conduct was willful or knowing. Not every lease breach is a 93A violation.

What can I do about CAM charge or operating expense disputes?

Review the lease audit rights, request supporting documentation within any deadlines in the lease, and keep paying undisputed amounts unless counsel advises otherwise. Many disputes resolve through an audit and negotiated reconciliation.

Do you represent commercial landlords as well as tenants?

Yes. We represent owners, landlords, tenants, and guarantors in lease negotiation, defaults, collections, summary process, and litigation.

Talk With a Massachusetts Landlord-Tenant Attorney

If you have a commercial lease or tenancy question, call Muggeo & Associates at (978) 741-1177 or request a consultation online. We answer calls 24/7 and can also be reached at jared@ljmassoc.com. Our office is at 133 Washington Street, Salem, Massachusetts.

This page provides general information, not legal advice. Laws change and every situation is different. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee future outcomes. Last reviewed November 2026.

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