Massachusetts Commercial Lease Agreement

The Massachusetts Commercial Lease Agreement is a form used for renting out real estate to a business tenant, who will run their retail store, manufacturing line, restaurant, or other business out of the building or office in exchange for rent payments. Unlike residential leases, commercial leases frequently employ the use of a tenant-broker, which are used to identify properties that fit the tenant’s needs, give knowledgeable insight regarding the Mass real estate market, and negotiate the terms of the lease at the advantage of the tenant.

The negotiation of commercial agreements is invaluable, as state law offers very limited protections for commercial tenants. Why? It is assumed that commercial landlords and tenants are 1) more experienced at negotiation, and 2) know what to look for in contracts compared to the average residential renter.

Additional Considerations

Notes on the Form: The contract was drafted in accordance with the laws as outlined in the Commonwealth of Massachusetts, Ch. 186 “Estates for Years and at Will.” In the agreement, the landlord is known as the “Lessor” and the business tenant is known as the “Lessee.”

Guidebook: The Harvard Law School Transactional Law Clinics (TLC) and the Community Enterprise Project teamed up to create a comprehensive guide on commercial leasing: Commercial Leases 101. The fifty-seven (57) document contains everything a commercial landlord or tenant needs to get started with leasing property in Massachusetts, including a step-by-step breakdown of a sample commercial lease.