SJC Rules That Commercial Landlord Cannot Recover Future Rent Until End of Lease Term

Today, the Massachusetts Supreme Judicial Court determined that a commercial landlord cannot recover the present value of lost future rent before the end of the lease term, absent specific language in the lease indemnification clause stating otherwise.  This is the law despite the fact that the property was relet to another tenant for the duration of the lease term.  The court also reasoned that once the landlord terminated the lease for breach, there is no common law entitlement which gives the landlord post termination damages. And in good news for guarantors of leases, the liability of the guarantor cannot exceed the liability of the tenant, and therefore cannot be determined until the end of the original lease term. This is despite a provision in the lease which provided for joint and several liability.  The case portends redrafting of commercial leases to allow for immediate damage calculations, and will allow tenants to plan accordingly.  The case is 275 Washington Street Corp., Trustee vs. Hudson River International, SJC-11217 (April 30, 2013).

U-Visa for Victims of Crime

Attorneys at Glickman Turley LLP represent a variety of clients on U-visa petitions. Our clients who have been victims of domestic violence, sexual crimes, and racially motivated attacks have been granted protection in the US in the form of a temporary 4-year U-visa and later permanent resident status.

You may be eligible for a U-visa if you have been the victim of a crime in the US, have suffered substantial physical or emotional injuries, and helped or will help law enforcement with the investigation or prosecution of the crime. Please contact our attorneys if you believe that you may be eligible for a U-visa or if you would like to discuss representation on other immigration matters. Our attorneys also represent clients on matters relating to real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil ligitation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, adoptions, and guardianships, animal law, gay lesbian bisexual transgender law.

Also, please see a recent USCIS memorandum regarding its approval of 10,000 U-visa petitions in the past year.