Sunday, February 04, 2024 8:10:17 AM
You seem to feel as if the "defaults" bit of that should be entirely excusable. It's not. All any landlord wants to do is sign a lease that assures them of a risk-free return for property that they own. Note the word "assures".....just as their bank expects their monthly mortgage payment. The tenant wants to be assured that the property will be available to them for the desired period. That's the deal they make.
The logic of the State of Massachusetts (whether people agree with it or not) is worth repeating:
Massachusetts has adopted the “single look” approach because it promotes certainty (tenant is assured access, landlord guaranteed payment), defers to the expectations of the contracting parties (obviously the lease is signed and the terms agreed to as evidenced by the signatures of BOTH parties), and is more likely to lead to the resolution of disputes without litigation ("more likely" should be true...litigation serves little purpose when the outcome is assured, as was the case here)." As you know (thanks for reading the link) the single look approach simply means that any legal issues that arise will de decided based on the terms of the lease as it was written and not influenced by any subsequent events not anticipated in the terms of the lease.
https://www.natlawreview.com/article/massachusetts-high-court-reaffirms-single-look-doctrine-evaluating-liquidated
"The Common Wealth of MA's Supreme Judicial Court's "one look" ruling strikes me as a huge opportunity for landlords to take advantage of tenant hardship. It smells somewhat similar to predatory lending."
That's a perfect example of IPIXthink. When things go wrong it's not ALWAYS somebody else's fault. We used to call that "loser talk".
You've said "Not a lawyer" more than once. I'm not a lawyer either, but I've been a commercial tenant. Having an automatic renewal clause in a lease serves to benefit both the landlord and the tenant. It is ALWAYS accompanied by a notice requirement. It was pretty foolish of this CEO to think that he could just ignore it. I'm looking forward to seeing how he deals with the repercussions of that.
No matter what it is or who commenced it, I'm against it!
....Groucho
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