Question:

Commercial occupancy permit, taxes, & law in Massachusetts?

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Hi,

Long ques...pls bear with me!

I am a first time small business owner. Last year an opportunity came up to rent 500 sq ft of unit in a small business zoned strip mall at a great rent. Unfortunately life being life, after i moved in and started setting up there was a serious family illness and I paid rent on a store that never opened for 10 months.

Well now everything is ok so I went to get a business license at the town hall and was told I needed an occupancy permit (for some reason I thought these were only needed for new construction or reconstruction of commercial buildings...I was wrong!) No prob. I went over to the bldg inspectors office and got a form to fill out by myself and signed off by various departments after their inspections. I didn't even get past the town collectors office, where I was told that I would not be able to get a permit because my landlord owed over six figures in property taxes (the property I am renting) and had what is called a "tax title" on her property and that it was in litigation. I asked how long she had owed the taxes for and was told "years".

It is my assumption (I know, I know never assume...) that since she has been a landlord for a very long time, has a business partner (her brother) that she knows the laws and by-laws of being a commercial lessor in Massachusetts.

In plain English, she knew the whole time I was forking over rent to her that I would never be given an occupancy permit because she owed such a large amount of money in back property taxes.

Do I have any recourse for recouping any of the rent money given to her or is it an expensive lesson to me for not going for the occupancy permit when I first moved into the space last year?

Never mind all the money I put into stocking product, cash registers, paint, furniture, etc...

Sorry so long and I hope not too confusing...

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  1. I'm a landlord and i live in MA.  Without reading your commercial lease agreement i can't make too many comments.  basically you should be talking to a lawyer that specializes in property law. (i could recommend one if you're in my area, north of boston)  there are so many specific laws in MA that it's not something you should do yourself.  

    does the landlord have any assets, ie. will she be able to pay you if she looses a lawsuit with you?  

    my first impression is that you have a strong case and can very likely get your money back, if not a little more.

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