Owning commercial property offers long-term rewards—but it also comes with serious risks, especially when tenants fail to honor their lease obligations. When a commercial tenant defaults on their lease in Massachusetts, it can threaten your income, your investment, and your peace of mind. In today’s rapidly changing 2025 commercial real estate climate, you can’t afford to wait, hope, or guess your way through the problem.
You need clarity. You need a strategy. You need results.
That’s where Percy Law Group, PC comes in. For over 40 years, we’ve helped Massachusetts landlords enforce their rights, recover losses, and regain control of their properties—fast. Our legal team knows how to navigate lease disputes, court procedures, and tenant negotiations with a proven approach designed to minimize disruption and maximize your return.
This guide explains exactly what to do when your commercial tenant defaults—step-by-step, backed by experience, and built to empower Massachusetts property owners.
Step 1: Identify and Document the Default
Start by reviewing the lease agreement in detail. Most commercial leases explicitly outline what constitutes a "default." Common examples include:
- Nonpayment of rent, utilities, or CAM charges
- Unauthorized subleasing or change of use
- Failure to maintain required insurance
- Breach of exclusivity or zoning clauses
- Abandonment of the premises
Not all defaults are equal. Material defaults—like missed rent—can justify immediate legal action. Technical defaults—like minor violations—might require notice before enforcement.
The key is acting quickly and documenting everything. Our attorneys at Percy Law Group, PC can help you analyze the lease, determine breach severity, and start building your case from day one.
Step 2: Serve a Legally Enforceable Notice of Default
Massachusetts law—and most commercial leases—require a formal notice and cure period. You must give written notice of the default and a limited window to fix the problem, typically 10 to 30 days.
Your notice of default should:
- Identify the lease and the parties
- Describe the specific breach
- Cite the exact lease provisions
- State a deadline to cure
- Explain what happens if the breach isn’t fixed
A mistake here could cost you weeks—or even derail your eviction case. Let our attorneys draft and serve your notice with the precision courts demand.
Step 3: Choose a Legal Strategy That Aligns With Your Goals
If the tenant fails to cure the breach, you’ll need to decide how to proceed. Your options include:
1. Negotiate a Lease Workout
If the tenant shows good faith, you might consider restructuring the lease—especially in tough market conditions. We can help you:
- Reduce or defer rent temporarily
- Create a repayment plan
- Secure personal guarantees or additional deposits
But proceed with caution—any agreement must be in writing and legally binding. We’ll make sure it is.
2. Initiate Summary Process (Eviction)
When the relationship has broken down, eviction may be your best option. The summary process in Massachusetts is designed for speed—but it still requires strict legal compliance:
- Serve a 14-Day Notice to Quit or other appropriate notice
- File a Summary Process Complaint in court
- Attend hearings and seek a judgment for possession
- Obtain a Writ of Execution to remove the tenant
Errors in notice or filing can delay everything. Percy Law Group, PC manages commercial evictions regularly—and we know how to move your case forward without costly mistakes.
3. File a Civil Lawsuit for Financial Damages
In many cases, landlords want more than possession—they want to recover what they’re owed. We can file a lawsuit to seek:
- Past-due rent and fees
- Accelerated rent (if allowed in the lease)
- Costs of re-leasing the space
- Attorney’s fees (where applicable)
Keep in mind, Massachusetts law requires landlords to mitigate damages—you must show you tried to re-let the space.
Step 4: Reclaim and Secure the Premises
Once the tenant is out, it’s time to protect your property. Act fast to:
- Change locks (only after legal possession is confirmed)
- Inspect and photograph the space
- Repair damage or clean up as needed
- Handle any tenant belongings properly under Massachusetts law
Missteps during this phase can create legal exposure. Our team will help you reclaim your space the right way.
Step 5: Prevent Future Lease Defaults
Every challenge is also an opportunity to improve. After resolving a default, take proactive steps to reduce future risk:
- Strengthen lease terms and remedies
- Require personal guarantees or larger deposits
- Improve tenant screening protocols
- Schedule regular inspections
In a competitive 2025 real estate market, having bulletproof leases and a trusted legal team in your corner is more important than ever. Percy Law Group, PC can review or draft new lease agreements that protect your bottom line.
Why Smart Massachusetts Landlords Call Percy Law Group, PC
When your commercial tenant defaults, the clock is ticking. Every missed rent check eats into your investment. Every delay invites more risk. You need a law firm that gets results.
Percy Law Group, PC has spent decades helping commercial landlords throughout Massachusetts navigate lease enforcement with confidence. We combine deep legal experience, proven courtroom results, and an unwavering commitment to protecting your interests.
From the moment a tenant violates their lease to the day you recover your space and your money, we’re with you every step of the way.
Take Action Today—Protect Your Property and Your Investment
If your tenant has defaulted, don't wait for the situation to escalate. Let our team at Percy Law Group, PC step in with the guidance, representation, and results you deserve.
Call (508) 828-1900 or fill out our contact form today to schedule a consultation. Percy Law Group, PC – The Right Lawyers Make a Real Difference.