Appellate Court Reverses Judgment for Commercial Landlord in Tenant Default Case: ‘Acceleration Clause Is an Unenforceable Penalty’ |

The Massachusetts Appeals Court recently reversed an $82,000 judgment in favor of a landlord in a tenant default matter, finding that a provision of a commercial lease that accelerated the remaining rent as liquidated damages is unenforceable as a penalty.

But Joseph P. Mingolla, who represents Cummings Properties, a commercial real estate agency that owns more than 11 million square feet of office space in Woburn, Massachusetts, said the opinion brings uncertainty to thousands of existing commercial lease agreements.

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