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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Qureshi v. Fiske Capital Management, Inc., 59 Mass. App. Ct. 463 (2003)

Citation
Qureshi v. Fiske Capital Management, Inc., 59 Mass. App. Ct. 463 (2003)
Parent Document
Qureshi v. Fiske Capital Management, Inc., 59 Mass. App. Ct. 463 (2003)
Jurisdiction
Massachusetts (state)
Effective Date
2003-09-30

Other Sections in This Document (22)

Full Text

1,046 chars
Qureshi first occupied the dental office premises by assignment of a written lease. The five-year term of that lease ended September 31, 1989, but contained an option to extend the lease, provided that the tenant was not in material default. Rent was to be adjusted on the basis of market, and there was machinery to decide market rent through third-party appraisal should the parties not agree. What the rent should be is a subject *465on which the parties have, in fact, always been able to agree. Qureshi timely exercised the option to extend the lease and, indeed, the then owners of the property (Fiske had not yet acquired it) acknowledged exercise of the extension option in an instrument captioned “Amendment to Lease.” That document confirmed the dates of the extension term (starting August 1, 1989, and ending July 31, 1994) and set forth the rent during the extension term (there was an increase each year). The lease amendment also provided for a further extension option of five years, running from August 1, 1994, to July 31, 1999.