INTRODUCTION—COMMERCIAL VERSUS RESIDENTIAL SALES Sample Clauses

INTRODUCTION—COMMERCIAL VERSUS RESIDENTIAL SALES. This chapter deals with the commercial tenancy. It describes the differences between commercial and residential tenan- cies and discusses the attorney’s role in the process of marketing commercial leaseholds. It also contains a detailed ex- amination of the structure of the commercial lease and the function of the lawyer in the leasing transaction. The primary difference between residential and commercial leases is the economic relation of the tenant to the lease transaction. The residential tenant enters into the lease as a consumer, buying use of the leased space as a personal resi- dence. The commercial tenant, on the other hand, enters the lease to acquire a production asset to be used in the course of its business, i.e., as a place to house workers and equipment for an office or industrial tenant or a place from which to sell merchandise for a retail tenant. Put differently, in the commercial lease both the landlord and the tenant enter the transaction as part of a business enterprise, whereas in the residential lease only the landlord is engaged in a business enterprise—the tenant is a consumer. Judicial Commentary The Supreme Judicial Court has escalated significantly the rights of commercial tenants by finally abandon- ing the common law rule of independent covenants in commercial leases in favor of mutually dependent cov- enants as reflected in the Restatement (Second) of Property: Landlord and Tenant § 7.1 (1977). Wesson x. Xxxxx Enters., Inc., 437 Mass. 708, 709 (2002); UMNV 205–207 Newbury, LLC v. Caffé Nero Americas Inc., No. 2084CV01493-BLS2 (Mass. Super. Ct. Feb. 8, 2021). See generally Hon. E. Xxxxxx Xxxxx & Xxxxxx Xxxxx, Landlord and Tenant Law (33 Massachusetts Practice Series) § 10:20 (West 3d ed. 2000 & Supp. 2012). But see Xxxxxxxx x. Xxxxx, 447 Mass. 322, 327 (2006), where the Supreme Judicial Court was asked to extend the rule of Young x. Xxxxxxxx, 380 Mass. 162 (1980), to commercial landlords. It declined.
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