Leases set the rules for your property, your revenue, and your peace of mind. If you manage housing for a public agency, own a small multifamily, or run a busy retail center, the paperwork has to match your real-world needs. At Casey, Burns & Jean-Felix, PLLC, a division of Casey Lundregan Burns, P.C., we help landlords and housing authorities in Massachusetts and New Hampshire turn business goals into clear, enforceable lease terms.
Our team delivers practical, results-driven counsel that fits your operations and budget. Backed by a century-long legacy of integrity and service, we focus on agreements that stand up in day-to-day use and in court. You get a steady legal partner that cares about doing the work the right way.
Comprehensive Lease Agreement Services for Landlords and Housing Authorities
You deserve agreements that reflect how your properties actually function. We draft, review, and negotiate leases that match your portfolio, from single-tenant retail to public housing units and mixed-use sites.
Custom Lease Drafting
Generic forms miss local rules and leave gaps that come back to bite later. We build residential and commercial leases that address your rent structure, operating costs, use rules, and code obligations, all in plain language. Clear terms reduce disputes and keep your team from guessing what the contract means.
We handle a wide range of structures, such as Triple Net, Gross, Modified Gross, and Subleases. For commercial properties, we align rent and pass-throughs with market practice and lender requirements. For residential, we match lease terms with Massachusetts and New Hampshire law, sanitary codes, and fair housing duties.
Here is a quick comparison that many clients find helpful before we start drafting.
| Lease Type | Taxes | Insurance | Maintenance | Typical Use |
| Triple Net (NNN) | Tenant | Tenant | Tenant | Retail, industrial, single-tenant sites |
| Gross | Landlord | Landlord | Landlord | Offices, some residential |
| Modified Gross | Shared or allocated | Shared or allocated | Shared or allocated | Multi-tenant commercial |
| Sublease | Per master lease | Per master lease | Per master lease | Backfilling space under an existing lease |
If you are unsure which structure fits your property, we can walk you through rent math, pass-throughs, and lender expectations.
Meticulous Lease Review
A strong review spots traps before they turn into unpaid bills or liabilities. We read every line, flag risks, and suggest clean fixes that protect your revenue and your building. You get comments that are short, direct, and ready to send back across the table.
During review, we typically look for the following items, then send edits or rider language as needed:
- Automatic renewals that lock you in without fair rent increases or adjustments.
- One-way indemnity and low damage caps that shift too much risk to you.
- Vague maintenance and repair terms that create finger-pointing and delays.
- Hidden fees or undefined CAM categories that invite billing disputes.
- Notices, cure periods, and remedies that do not track state law.
This process helps prevent unpleasant surprises after the ink is dry, and it also speeds up enforcement if a dispute pops up later.
Strong Negotiation Representation
We push for terms that match your goals without burning bridges with good tenants. Our team handles the back-and-forth with prospective tenants and opposing counsel, then checks that final riders match the deal you approved. You stay in control while we do the heavy lifting.
Common negotiation points include the following:
- Use covenants, exclusivity, and co-tenancy triggers that affect traffic and rent.
- CAM language, audit rights, caps, floors, and true-up timing.
- SNDA agreements with lenders, plus estoppels and recognition letters.
- Assignment and subletting limits, recapture rights, and profit sharing on transfers.
- Build-out standards, delivery conditions, and repair obligations.
With clear goals set at the start, we move proposals quickly and keep your deal on track.
Solid documents are only half the story. Leases also need to match Massachusetts law and any program rules that apply to your property.
Key Legal Considerations Under Massachusetts Real Estate Law
Massachusetts has very strict rules on notices, deposits, and sanitary standards, and New Hampshire has its own set as well. We write and review with both states in mind, then adjust terms to match your site and tenant group.
State-Specific Statutory Compliance
In Massachusetts, we track Massachusetts General Laws Chapter 186 for tenancies at will and for years. We also account for the state sanitary code at 105 CMR 410, local ordinances, and fire code items that often show up in maintenance sections. Security deposits and last month’s rent are handled in line with MGL c. 186, s. 15B, with receipts, interest, and timing documented in the lease package.
We verify notice formats and timeframes for nonpayment and other defaults, then align cure periods with statute. This avoids defective notices that delay cases or undercut your position. For New Hampshire sites, we align similar terms with RSA chapters that address landlord and tenant duties.
Public Housing and Regulated Property Matters
Public agencies and regulated developments need leases that match program rules and fair housing duties. We support housing authorities on administrative advocacy, DHCD guidance in Massachusetts, HUD requirements, and grievance procedures that tie into your policies.
We also help New Hampshire public entities align with program handbooks and funding conditions. Our team provides policy drafting, board training, and enforcement support that keeps lease language and operations on the same page.
Dispute Prevention Provisions
Clear responsibilities and teeth for noncompliance reduce gray areas. We define tenant duties, set clean default triggers, and outline early termination options that are consistent with the law. When everyone knows the steps, problems get solved faster.
Thinking ahead at the drafting stage saves time and money later. Well-built agreements make rent collections smoother, protect against property damage, and lay out an orderly path if a case heads to court.
From the first conversation to the signed lease, our team keeps you informed and focused on results.
How We Assist Property Owners
Our process is structured yet flexible enough to fit your portfolio size and timeline. You will always know what comes next.
Initial Consultation and Property Evaluation
We start by looking at your properties, revenue goals, tenant profile, and risk tolerance. You can speak openly about past disputes, lender terms, or program pressures. This helps us shape documents that reflect your day-to-day operations.
You will meet with attorneys who work regularly with public agencies, private landlords, and developers. The setting is professional, direct, and focused on your priorities.
Custom Document Development
After we understand your goals, we draft leases that reflect the property type, tenant use, and legal rules that apply. We add protections such as personal guarantees, assignment limits, and clear insurance schedules. Environmental due diligence language can be included where site history or use calls for it.
We also prepare addenda for build-outs, pet policies, storage, parking, and program compliance. Each document is designed to be readable by your staff and enforceable in court.
Continuous Communication and Updates
During negotiations, we send brief updates, redline summaries, and a punch list of open items. If the other side proposes changes, we explain the impact in plain terms. You will have what you need to make a confident decision before you sign.
We keep the paper flow organized so nothing falls through the cracks. That helps closings stay on schedule.
Enforcement and Dispute Resolution
If a tenant defaults, we act quickly to enforce the lease. Our team handles demand letters, payment plans, fiduciary evictions, and court filings where needed. We also defend your position if claims arise over habitability, discrimination, or code issues.
The benefit is continuity. The lawyers who wrote your lease know the facts and can stand behind it from start to finish.
Good leases also avoid common traps that drain time and cash. Here are a few to watch for.
Common Pitfalls to Avoid in Leasing Agreements
Small drafting mistakes can snowball into big disputes. Careful planning on the front end prevents most headaches.
Relying on Generic Templates
Online forms rarely match Massachusetts or New Hampshire law, and they ignore your lender and program rules. They also tend to be vague about repairs and money, which invites conflict later.
- Missing waiver and indemnity language leaves you holding the bag for tenant-caused losses.
- Form notices often do not match statutory timing, which can sink an eviction case.
- Templates skip over public housing policies, HUD addenda, or DHCD requirements.
A quick review can catch these issues, but a made-for-you lease is the safer route.
Ambiguous Financial Obligations
Rent is only part of the bill. The lease must say who pays for taxes, insurance, utilities, snow removal, landscaping, and capital items.
- Define CAM categories, audit rights, caps, and reconciliation dates in detail.
- State whether utilities are direct or submetered, and how shortfalls or overages are handled.
- Clarify who pays for code-driven upgrades and when those costs can be passed through.
Clarity here prevents fights and keeps tenant relationships steady.
Owners often raise the same questions, so we answered a few below.
Frequently Asked Questions
If you have a question that is not listed, feel free to contact us. We are happy to talk it through.
Why should a housing authority or private landlord hire an attorney for lease drafting?
An attorney spots risk, aligns the lease with shifting state rules, and writes terms that protect your income and property. That upfront work costs far less than a drawn-out dispute later. Good documents pay for themselves by reducing missed rent and legal fees.
We also align policies and notices with your lease package. This keeps your team consistent in day-to-day enforcement.
What is the difference between a Triple Net Lease and a Gross Lease?
In a Triple Net Lease, the tenant pays rent plus property taxes, insurance, and maintenance. This often pairs with a lower base rent, since the tenant takes on operating costs. It is common for retail and industrial properties.
In a Gross Lease, the landlord covers operating costs and the tenant pays a higher base rent. Many office and residential leases use this model. Modified Gross splits costs using an agreed formula.
Can a well-drafted lease prevent eviction disputes?
A clear lease sets bright lines for default, notice, and cure. With defined steps and dates, there is far less room for argument. Courts also tend to favor leases that read cleanly and match the statute.
No document can stop a tenant from breaching, but a strong lease makes your case faster and stronger. That means better outcomes with fewer delays.
Protect Your Property Interests With Strong Lease Documents
A well-drafted lease can prevent disputes, support day-to-day management, and protect your long-term property goals. Casey, Burns & Jean-Felix, PLLC helps landlords, public agencies, and developers review, negotiate, and draft lease documents with practical guidance tailored to the realities of property ownership and management.
If you are ready to strengthen your lease documents or move a pending deal forward, call 978-878-3519 or visit our Contact Us page to request a meeting. We welcome your questions and are ready to help you protect your interests with clear, dependable legal support.