We had a restaurant in N. Alabama .We decided to close it after the landlord told me they had a person interested in moving into the building and leasing our equipement as part of the total lease. She would then pay us our portion after she received the total rent every month .It went well for five month.The landlord called yesterday and advised her they would no longer include the equipement in the rent payment. She was told there were some issues with some of the equipment .
This is the first we heard of these issues. We did not include a warranty except we would have everything in working order,which we provided.
My question is who is responsible? The landlord put together the lease. The lease is for one year with options. They have paid us 5 months. This lease includes equipment dishes pans hoods etc.
Where do I stand?
Can I remove my items at once?
Answer
As a Franchise Attorney I can only say your narrative is confusing. But, bottom line, it seems like everything is based on the lease. That document needs to be carefully examined before any advice is possible. Your equipment is in someone else's possession and on their property You can't just walk in there and take it - unless you want to face criminal and civil charges. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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