Update on Metamorphisis

[jamiesquared.livejournal.com]

Just wanted to post an update to this: http://community.livejournal.com/davis_square/1323388.html

Metamorphisis is definitely closed and has now re-opened in Dedham. After contacting the owner she replied and explained what happened. She had a bad breakup with a boyfriend...the father manages the building and refused to allow her until at least the end of the month to notify clients with pending appointments, clients in general to explain the move and to remove her stuff. He only gave her 3 days to be out. I feel terrible as this woman is extremely nice and was always good to us when there. She offered us a complete refund of what we have paid and only asked us to wait until the end of July as she has had no income since May. I just wanted to post the story so people didn't think she was some shady business woman who disappeared.

Comments

[icecreamempress.livejournal.com]

Thanks for the update. Glad you could work it out with her, and I wish her the best in the new location!

[ron_newman]

Glad to hear this. Please update the original post with this information (either as a comment or an edit). It sounds like the landlord violated either an explicit or implicit rental agreement, though. How can you evict a commercial tenant on 3 days notice when the tenant is current on rent payments?

[dominika-kretek.livejournal.com]

No kidding. It doesn't make me very happy to know that this is how an owner of prime Davis business real estate behaves.

[ron_newman]

In fact, it might be worth bringing up publicly at tonight's Davis Square Task Force meeting, or privately with Alderman Rebekah Gewirtz.

[jamiesquared.livejournal.com]

No idea. I was just repeating what the owner told me, I think its terrible. I thought as soon as I heard it there has to be some sort of legal issue here that would have helped her.

[ayelle.livejournal.com]

Just randomly hazarding a guess, it could be that she had no official written contract or lease with the boyfriend's father. These things happen; it probably doesn't make it any less mean-spirited behavior on his part (caveat: I know absolutely nothing about the situation beyond what's in this post).

[jamiesquared.livejournal.com]

Yea, I only know what she told me. I have no more details that what I made note of. There is no way of knowing what the actual situation consisted of.

[jamiesquared.livejournal.com]

Well I am not sure it needs to become a public offical type of thing. I was only repeating what I was told to give an explanation of the situation if other people were looking for their spa and found no reason of why it was gone. I don't know if I feel comfortable bringing it up to an alderman as we really dont know much other than what was already posted and I feel bad prying her for more info. I would "assume" that if the manager and her had a proper lease she would have been able to do more however...if not, she must not want to pursue anything as she hasnt to my knowledge?

[ron_newman]

I think Rebekah reads this LJ community, and in any event I e-mailed her a link to this discussion. Even without a lease, isn't there an explicit or implicit month-to-month rental agreement? Which would preclude tossing any tenant out on three days' notice unless the tenant was behind on rent or damaged the property.

[dominika-kretek.livejournal.com]

My understanding is that business leases have quite a bit less of protection than residential leases, but I would be extremely surprised if a landlord can toss out a tenant on three days' notice even in the absence of a written agreement.

If she wasn't comfortable staying, and she agreed to move, then the matter is basically resolved, except for one thing: the owner of prime retail space in the center of the community has a responsibility to that community to behave within the parameters of the law. Failure to do so reflects badly on the community and will make new tenants less likely to do business in Davis Square.

But for all we know, this isn't what happened at all. People "agree to leave" and then claim they got kicked out all the time.

[laryu.livejournal.com]

If the Metamorphisis owner felt aggrieved, and assuming circumstances were exactly as she conveyed to the OP, the owner has legal avenues for recourse. Private contracts between landlord and tenant ought not be discussed in the gossipy DSTF venue, yes? Particularly when no parties to the contract are present and the circumstances can't be verified.