This office lease form states that in the event of a mortgage foreclosure, or termination of any interest which is superior to the lease, the lease shall continue as a lease between the landlord's successors as Lessor and the tenant as lessee with the same force and effect as the originally entered into the lease and the tenant shall be permitted to remain in undisturbed possession, use and occupancy of the premises, provided that the tenant is not in default under the lease after the giving of notice and the expiration of the applicable grace or cure period as provided in the lease.
Massachusetts General Nondisturbance Agreement
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US-OL20034B
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How to fill out General Nondisturbance Agreement?
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However, in Massachusetts if the lease has a fixed term there is no notice period required by the tenant, the lease just ends. For month to month leases there is a notice period of 30 days or the same amount of time as periodic rent is due, whichever is longer.
The landlord is given five days from the date of notice to begin repairs or to contract for outside services and 14 days to substantially complete all necessary repairs. (The inspecting agency or court may shorten this time frame.)
If Tenant shall perform all of the covenants and agreements herein required to be performed by Tenant, Tenant shall, subject to the terms of this Lease, at all times during the Lease Term, have peaceful and quiet enjoyment of the Premises against any person claiming by, through or under Landlord.
If you and your neighbor have the same landlord, you can ask your landlord for help. Your landlord has a legal duty to protect you from unreasonable disturbances. The law calls this the right to ?Quiet Enjoyment?. Sometimes, this law requires a landlord to evict a tenant.
Massachusetts courts have ruled that a tenant can begin withholding rent as soon as a landlord is notified of the conditions in the apartment that are in violation of the warranty of habitability (or the lease or another law).
As long as the landlord isn't retaliating against you for some reason by not renewing your lease, he/she is under no obligation to allow you to renew a lease outside of the existing lease agreement.
The Covenant of Quiet Enjoyment in Massachusetts Covenants of quiet enjoyment are found in both tenancy and real estate law. In both contexts, quiet enjoyment is the right to use and enjoy real property (by either a tenant or landowner) without interference from others.
However, if landlords restrict a tenant's use unreasonably, it may constitute a breach of quiet enjoyment. Absence of Basic Services ? When utilities are included, or the landlord is responsible for payment and fails to do so, this is a major issue.