Cambridge Street Realty, LLC v. Stewart, 113 N.E.3d 303 (2018)

Citation: Cambridge Street Realty, LLC v. Stewart, 113 N.E.3d 303 (2018)
Parent Document: Cambridge Street Realty, LLC v. Stewart, 113 N.E.3d 303 (2018)
Jurisdiction: Massachusetts (state)
Effective Date: 2018-12-20
Original Source: https://www.courtlistener.com/opinion/4575969/cambridge-street-realty-llc-v-stewart/ ↗

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10The verbatim language required the landlord to represent
that the lease may be "terminated only . . . during the . . .
Successive Term for serious or repeated violations" of the lease
or violations of State and Federal law, and may be terminated
only "at the end of a Successive Term for other good cause"
(emphases added). But paragraph 13(a)(8) of the model lease
also entitled the landlord, under certain circumstances, to
terminate the lease "[d]uring . . . any Successive Term . . .
for 'other good cause'" (emphasis added). While that paragraph
restricted the types of "other good cause" terminations
available to the landlord, paragraph 13(c) went on to provide
that the "other good cause" situations explicitly provided in
the lease were "non-exclusive" examples that "shall in no way be
construed as a limitation on the application of 'other good
cause' to situations not included" in the lease. The verbatim
notice to quit language required by the model lease therefore
required the landlord to represent that its termination options
were more limited than actually was permitted under the
contract.

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