Product Description

Recent updates:

• Update: December 2025

  Dear Subscriber:

  Thank you for choosing to stay current in commercial lease drafting with this 2025 edition of Lease Drafting in Massachusetts . Inside, you will find updated material on a broad spectrum of topics that you will likely find to be of interest, such as these:

  • Execution and delivery of lease. See chapter 1 for a cite to a recent Appeals Court case, where the court declined to enforce obligations arising from a partially negotiated lease amendment, emphasizing that without a fully executed document, claims tied to an alleged modified lease failed under the statute of frauds.

  • Limited liability companies as parties to leases. See chapter 2 for a discussion of LLCs' identification of a real property signatory. The chapter includes information pertaining to LLCs organized outside of Massachusetts, and recent developments.

  • Warranty of fitness and duty of repair. See chapter 3 for citation to a 2024 case confirming that failure to timely correct known sanitary code violations after notice may constitute both a breach of the implied warranty of habitability and a violation of Chapter 93A.

  • Sustainability practices. Chapter 7 discusses the case where a landlord's sustainability practices might go so far as to require the tenant to use certain materials and follow certain procedures in conducting maintenance and repairs. Cleaning materials might be limited to those that adhere to particular standards, and maintenance might be limited to performance during building hours to avoid heavier after-hours use of utilities. There is a citation to a publication that addresses "green" leases.

  • Tenant's and landlord's ability to transfer rights and divest themselves of leasehold obligations. Chapter 9 discusses a tenant's flexibility to adjust its obligations based upon changes in its operations or needs. It also addresses limitations on a landlord's ability to divest itself from liability under a lease following a sale.

  These are just a few of the issues addressed in this 2025 revised edition, which we trust you will find useful in your real estate leasing practice and valuable in your law library collections.

  Cordially,

  MCLE Press

Table of Contents

Chapter 01 expand

Massachusetts Payment of Wages Law— G.L. c. 149, §§ 148–150

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Philip J. Gordon, Esq., Gordon Law Group LLP
Kristen M. Hurley, Esq., Gordon Law Group LLP
Elizabeth A. Rodgers, Esq., Gordon Law Group LLP

Exhibit 1A

- G.L. c. 149, § 148: Covered Employers and Employees Buy Form

Exhibit 1B

- 2008 Massachusetts Attorney General Advisory on Independent Contractor Law Buy Form

Exhibit 1C

- Awuah v. Coverall North America, Inc., Order of Certification Buy Form

Exhibit 1D

- Wage Payment Due Dates Under G.L. c. 149, § 148 Buy Form

Chapter 02 expand

Federal and State Overtime Laws

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Desiree Y. Murphy, Esq., CVS, Pharmacy/Legal Dept
Alan Jay Rom, Esq., Rom Law PC

Checklist 2.1

- Plaintiff’s Checklist Regarding Overtime Issues Buy Form

Chapter 03 expand

The Massachusetts Independent Contractor Law

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Michelle M. De Oliveira, Esq., Ruberto, Israel & Weiner, PC
Michael P. Sams, Esq., Kenney & Sams, PC

Chapter 04 expand

The Family and Medical Leave Act

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Nina J. Kimball, Esq., Kimball Brousseau LLP
Joshua D. Nadreau, Esq., Fisher & Phillips LLP
Katherine R. Reynolds, Fisher & Phillips LLP

Chapter 05 expand

The Small Necessities Leave Act

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Kimberly Y. Jones, Esq., Athena Legal Strategies Group

Exhibit 5A

- Small Necessities Leave Act: Attorney General’s Advisory 98/1 Buy Form

Exhibit 5B

- Small Necessities Leave Act Questions and Answers Buy Form

Exhibit 5C

- Small Necessities Leave Act Snapshot and Checklist Buy Form

Chapter 06 expand

Interrelationships Among Federal and Massachusetts Leave Laws

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Sally L. Adams, Esq., Law Office of Sally L. Adams
Monica Snyder Perl, Fisher & Phillips LLP

Appendix

Additional Resources for Wage and Hours Law

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Appendix A

- Selected Massachusetts Laws Pertaining to Wage and Hour Issues Buy Form

Appendix B

- State Minimum Wage Rates Buy Form

Appendix C

- Department of Labor Employment Law Guide: Wages and Hours Worked, Minimum Wage and Overtime Pay Buy Form

Appendix D

- Questions and Answers About the FLSA Buy Form

Appendix E

- Questions and Answers About the Minimum Wage Buy Form

Author(s)