Cummings Properties, LLC v. National Communications Corp., 449 Mass. 490 (2007)

Citation: Cummings Properties, LLC v. National Communications Corp., 449 Mass. 490 (2007)
Parent Document: Cummings Properties, LLC v. National Communications Corp., 449 Mass. 490 (2007)
Jurisdiction: Massachusetts (state)
Effective Date: 2007-07-17
Original Source: https://www.courtlistener.com/opinion/6579581/cummings-properties-llc-v-natio... ↗

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In its complaint, Cummings sought an accelerated rent payment in the amount of $525,643.52.5 In its answer to Cummings’s complaint, National admitted to owing rent for August and September, 2003, and asserted, as affirmative defenses, that Cummings had not properly terminated National’s tenancy before commencing the summary process action,6 and that the rent acceleration clause in the lease constituted an unenforceable *493penalty.7 The parties filed a stipulation of facts and each requested rulings of law. A bench trial was held on October 30, 2003. On December 1, 2003, the judge entered findings for Cummings and awarded it possession of the premises and damages in the amount of $525,643.52 plus interest and costs, totaling $536,760.82. National appealed to the Appellate Division of the District Court Department, which affirmed the judgment for Cummings for possession of the premises but vacated the award of damages. The Appellate Division concluded that under the terms of the lease, the acceleration of rent provision would apparently apply both to breaches of major importance, such as the failure to pay rent, and to ones of minor financial importance (or of ready calculation), such as the failure to pay a property tax increase.

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