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Commercial lease terms and security deposit

Additional Info: I’ve recently exited a commercial lease in Brookline in good standing, however the landlord has sent a letter indicating there are deficiency repairs that I deem unreasonable (amount ~$10k) for an 1 year lease of monthly rent $2.3k. I find that unreasonable and would like to know what consequences I would face if I decide simply not to comply.  Would I need to hire an attorney to represent me?

Attorney Answer:

In virtually every commercial lease, the landlord requires a security deposit of typically 2 month’s rent, at the time the lease is signed.  Assuming there is such a security deposit, it becomes incumbent upon the tenant to hire counsel and seek the release of the disputed monies.  Unlike residential leases, there are no statutory protections for commercial tenants beyond the usual remedies.   If, for some reason, the landlord did not require a security deposit, I would suggest a firm written response to the landlord’s demand, laying out in as much detail as possible why you do not feel the repairs are required or not the responsibility of the tenant.  Thereafter, you would wait to see if further discussions/negotiations are warranted or simply wait for the landlord to back down or initiate legal action.


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