court’s award of the fair rental value of the tenant’s continued use and occupancy of premises follow ing a taking of the owner’s property by eminent domain); Kobayashi v. Orion Ventures, Inc., 42 Mass.App.Ct. 492, 678 N.E.2d 180, 187-88 (1997) (affirming the lower court’s determination that the tenant had become a tenant at sufferance during the holdover period and that the correct measure for a use and occupancy charge was the then current fair rental value of the premises); Bruce v. Harvard Trust Co., 1 Mass.App.Ct. 373, 298 N.E.2d 880, 881 (1973) (“Such use of the premises for storage entitles the owner to compensation in the amount of the fair rental value of the premises of which he was deprived by such use.”). Cf. Lawrence v. Osuagwu, 57 Mass.App.Ct. 60, 781 N.E.2d 50, 54 (2003) (<HOLDING>). The basis of liability for use and occupancy
holding that the term of the lease was so incapable of ascertainment that it rendered the lease void as anything other than a tenancy at will which the parties continued for years before that tenancy was terminated holding that the lessors interest in the leased property was subject to liens because it was perfectly obvious that the parties knew that the improvements at issue were the pith of the lease and that except for them the lease would not have been executed and because the improvements were essential to the purpose of the lease holding that the damage for tenancy at sufferance during the holdover period was the monthly rent under the lease versus the apartments fair market value because the lease contained a provision requiring lease payments beyond the lease term recognizing that a lease providing for renewal at the termination of the lease did not require the lessee to exercise the option before the lease expired nor did it require renewal at the precise hour of termination but gave the lessee a reasonable time after the termination of the lease in which to make his election recognizing and applying rule that lessee who breaches a lease is entitled to a rent credit for any proceeds gained by the landlord from reletting during the period of the original lease term