J
jaderpup
Guest
i own a commercial building that is now leased as office space. because the new tenants changed the purpose of the building, they had to do a great deal up updating at their cost ($200,000).
the rent amount that we agreed on was based on "no cost to me" for any of the code updates and improvements that they would need in order to operate their type of business.
it was my understanding the improvements were "permanent type improvements & attached fixtures" (walls, doors, toilets, electrical ect...) and they would remain with the property after the lease terminated.
i recently received a letter from the tenants stating they would like to sell these "leasehold improvements" to me for a whopping fee or take them when they leave. this means i would have a partially completed building after they leave. (remember, they changed the purpose of the building)- can they do this to me now or will they have to leave these improvements?
there is a written lease between us, it's very simple with little detail and definitely nothing about leasehold improvements - but it does state, (per their request), "at the conclusion of this lease, lessee shall restore any structural modifications and return premises to lessor in the current condition."
(we both gave our request when we negotiated the lease agreement and i allowed this one) is this a catch for them now and maybe even why they requested it in the first place? if it is, does it matter that all along i was told, verbally, it was just for my protection and only meant whatever i chose to have restored is what they would have to restore?
is there an automatic "leasehold improvement law" because we don't have it in our lease? does it favor me or them? does a verbal covenant apply here at all? what can i do?
[Edited by jaderpup on 03-16-2001 at 12:40 AM]
the rent amount that we agreed on was based on "no cost to me" for any of the code updates and improvements that they would need in order to operate their type of business.
it was my understanding the improvements were "permanent type improvements & attached fixtures" (walls, doors, toilets, electrical ect...) and they would remain with the property after the lease terminated.
i recently received a letter from the tenants stating they would like to sell these "leasehold improvements" to me for a whopping fee or take them when they leave. this means i would have a partially completed building after they leave. (remember, they changed the purpose of the building)- can they do this to me now or will they have to leave these improvements?
there is a written lease between us, it's very simple with little detail and definitely nothing about leasehold improvements - but it does state, (per their request), "at the conclusion of this lease, lessee shall restore any structural modifications and return premises to lessor in the current condition."
(we both gave our request when we negotiated the lease agreement and i allowed this one) is this a catch for them now and maybe even why they requested it in the first place? if it is, does it matter that all along i was told, verbally, it was just for my protection and only meant whatever i chose to have restored is what they would have to restore?
is there an automatic "leasehold improvement law" because we don't have it in our lease? does it favor me or them? does a verbal covenant apply here at all? what can i do?
[Edited by jaderpup on 03-16-2001 at 12:40 AM]