Home Q&A Forum Can a landlord increase the rent during the term of a commercial lease agreement?

Landlord Tenant

Commercial Lease Agreement

Massachusetts

Asked on Jun 7, 2024

Can a landlord increase the rent during the term of a commercial lease agreement?

I am a small business owner who recently signed a commercial lease agreement for a retail space. The lease specifies a fixed monthly rent for the duration of the lease term, which is three years. However, I have received a notice from the landlord stating that they intend to increase the rent by 20% starting from the second year of the lease. This sudden increase is unexpected and would significantly impact my business's profitability. I want to know if the landlord has the legal right to increase the rent during the term of the lease agreement, and if so, what options do I have to negotiate or challenge this increase?

Answers from 1 Lawyer

Answer

Landlord Tenant

Massachusetts

Answered 687 days ago

Laura H.

ContractsCounsel verified

Business Lawyer
Licensed in Massachusetts
5.0 (1)
Member Since:
May 2, 2024

One of the primary benefits of a lease, from a tenant's perspective, is that it allows them to stay in a property for a set time at a guaranteed rental rate. The landlord is bound by the amount agreed to in the lease and cannot legally raise it without the tenant's consent. They cannot force a tenant to consent by threatening eviction. Some commercial leases include a clause that requires the tenant to pay a portion of property taxes, utilities to the landlord, or other amounts that are not fixed at the time of signing. That could result in an increase before the lease ends. Read the document carefully to see if it has such a clause.

Use of the ContractsCounsel Q&A Forum does not create an attorney-client relationship between User and any Lawyer User. The Forum is not a substitute for legal advice from a lawyer but is intended to be educational and to help the user determine if legal services are necessary. The Forum, Content, and communications on the Forum do not constitute legal advice.
Meet some lawyers on our platform

Faryal A.

376 projects on CC
CC verified
View Profile

Kristen R.

55 projects on CC
CC verified
View Profile

Jehan C.

6 projects on CC
CC verified
View Profile

Allen L.

69 projects on CC
CC verified
View Profile

People Also Asked

Landlord Tenant

Lease Termination Letter

Massachusetts

Asked on Jun 30, 2024

Can I terminate my lease early without penalty due to unforeseen circumstances?

I signed a one-year lease for an apartment last month, but my circumstances have drastically changed and I am no longer able to afford the rent or live in the area due to a sudden job loss and financial hardship caused by the COVID-19 pandemic. I have tried to negotiate with the landlord to terminate the lease early, but they insist that I am responsible for the full lease term and any associated penalties for breaking the lease. I want to know if there are any legal grounds for me to terminate the lease without incurring additional costs or penalties given the unforeseen circumstances that have arisen.

View Darryl S.
5.0 (135)

Darryl S.

Answered Jun 30, 2024

You should review the termination provisions in your lease, but generally the answer is no - you cannot terminate early unless your Landlord agrees to the termination in writing.

Read 1 attorney answer>

Landlord Tenant

Residential Lease Agreement

Washington

Asked on Sep 10, 2023

Drafting a residential lease agreement?

I am a new landlord looking to start renting out a residential home in the next few months. I need to draft a residential lease agreement that meets the legal requirements of my state and ensures the rights of both myself and the tenant are protected. I am looking for legal advice to make sure I draft a comprehensive and legally compliant lease agreement.

5.0 (18)

Merry K.

Answered Sep 12, 2023

I am a WA State attorney, and I counsel both landlords and tenants in WA who end up having landlord/tenant conflicts. It would be smart of you to have your first lease draft reviewed by a knowledgeable WA State landlord tenant law attorney. The biggest problems that arise include return of a security deposit and/or billing for additional costs after move out; tenants failure to comply with terms of the lease and/or HOA rules; and issues/questions regarding renewal of the lease. The Residential Landlord Tenant Law can be found here: https://apps.leg.wa.gov/rcw/default.aspx?cite=59.18 Two changes were made in 2023 alone. In addition, some cities, like Seattle, and unincorporated King County, have additional requirements to be aware of. You may want to consider joining an association of WA landlords - I think there's a statewide one, and there may be county or city organizations. Some of these can provide you with first draft leases and/or provide guidance, classes, and counseling. There are many places to buy leases online, but some of these don't address the fine points regarding notice to vacate or raise rent, issues arising from paying last month's rent ahead, whether or not security deposits can be applied toward the last month's rent, and so forth. An attorney who specializes in landlord-tenant law can provide you with your first lease and also be available on an ongoing basis for consultations from time to time.

Read 1 attorney answer>

Landlord Tenant

Residential Lease Agreement

Washington

Asked on Sep 13, 2023

Residential lease agreement for short-term rentals?

I am a homeowner in the state of California who is considering renting out my house on a short-term basis. I am interested in understanding the legal implications of such an arrangement, particularly in regards to the lease agreement that would need to be drafted. I would like to know what provisions I should include in the lease agreement to protect my interests and ensure that I am compliant with the law.

5.0 (18)

Merry K.

Answered Sep 15, 2023

I think you need to post this as a CA question, not as a WA question. However, your first step is checking government and HOA rules, if any and make sure that this is allowed. You will need to change your insurance and possibly add another policy specifically for short term rentals. Let me know if I can ever be of help with WA State legal questions!

Read 1 attorney answer>

Landlord Tenant

Residential Lease Agreement

Washington

Asked on Sep 14, 2023

Residential lease agreement and association rules?

I recently signed a residential lease agreement and have recently been made aware of association rules that may affect my rights and obligations as a tenant. I am concerned that these rules may conflict with the terms of my lease agreement and am seeking legal advice to ensure that I am aware of any potential issues that I may face.

5.0 (18)

Merry K.

Answered Sep 15, 2023

If you would like to request me through a project, I’d be happy to review all documents and WA State law and provide you with advice. It will be important to know whether or not you were informed that you will have to comply with the HOA rules at the time you signed the lease—many leases state the necessity to comply with HOA CC&R’s and/or Bylaws and/or rules as well as WA State law.

Read 1 attorney answer>

Landlord Tenant

Rental Agreement

Washington

Asked on Oct 5, 2023

How to amend a rental agreement?

I am a tenant in an apartment that I have been renting for the past year. Recently, my landlord has asked me to sign a new rental agreement with updated terms and conditions. I would like to know the process for amending the agreement so that I can make sure all the terms are agreeable to both parties.

5.0 (18)

Merry K.

Answered Oct 6, 2023

Speaking generally, if your agreement is a lease, neither the landlord nor tenant can amend it unless both parties agree (the same can be said for a completely new agreement). If it is a month to month agreement, if you don't sign, the landlord may be able to give you notice to vacate. What I would do is ask for a couple of days for review. Put your current agreement down with the proposed new agreeement down, side by side, and go through them together, paragraph by paragraph. At the same time, make notes about anything in the new agreement you don't like, and attempt to negotiate the terms with your landlord before signing. Please note that the WA State Residential Landlord Tenant law was modified in several ways by the WA State Legislature, effective a few months ago - this may be why your landlord is doing this. For example, a landlord now has 30 days to return a security deposit (or explain why he/she isn't); it was 21 before that, and 14 before that). To review the Landlord/Tenant Law at the same time, follow this link: https://apps.leg.wa.gov/rcw/default.aspx?cite=59.18 If you would like to hire me to help, I am not available until October 15th, I'm afraid - I'm on vacation at Yosemite.

Read 1 attorney answer>

Find lawyers and attorneys by city