DAMAGED COMMERCIAL PROPERTY

I rent a commercial space but the conditions of the building are affecting my business: Massachusetts

First things first…look to your lease, specifically the maintenance and repairs provision. If it says you are responsible for what is causing the condition that is interrupting your business then you will need to make those repairs.

However, if the conditions are something that the lease explicitly states is the responsibility of the landlord, first, contact the landlord, in writing, and inform him of the conditions. Be upfront about the interference with your business and loss of revenue as a result. Best case, he will fix the matter immediately.

If you have given the landlord a reasonable amount of time to address the conditions, but nothing has been done, you have a couple options, 1) you can have the problem fixed and deduct the cost from your rent. Be sure the save all receipts and use a licensed, insured contractor if necessary, or 2) you can withhold rent until the repairs are made. Be sure to put your rent into an escrow account with a Massachusetts bank.

In the more extreme cases, it may be necessary to file a 93A action with the appropriate court or report the conditions to the Board of Health.

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