Commerical Lease, Tax title, & Occupancy Permit

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alison352

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Hi,

I live in Massachusetts and 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.

This past month I have been able to get going on the business again 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 myself and also to be 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 $127,000 in back property taxes (the property I am renting) and has what is called a "tax title" on her property.

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, I am thinking 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.

Is there a law(s) that would pertain to this situation to see if I have any recourse for recouping any of the rent money given to her (Never mind all the money I put into stocking product, cash registers, paint, furniture, etc...) or is it an expensive lesson for me to have learned for not going for the occupancy permit when I first moved into the space last year?

People (inc. a few from the town hall!) have been telling me to open the shop anyways (although my intuition is to not open it), without the permit. Are there fines for doing this?

What exactly is a "Tax Title"? I was also told that if the board of assessors decide to take the building for back taxes that they could make the decision and the next day padlock the place up and I would lose all my inventory...


Sorry so long and I hope not too confusing and thank you so much for your help.


ps...Unfortunately I had a "verbal agreement" with the landlord (stupid I know, it was a friend of a friend thing). From what I understand "verbal agreement" accounts to a tenancy at will.
 
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