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bc8964
03-29-2006, 09:31 AM
Hello,

My parents own a "mom and pop" restaurant. They have been at this location for 4 years this year. We get a call today "asking" us to leave. The landlord claims he has another business wanting the bay of this strip mall.
Our lease is up in July. My parents put their entire savings into as well as recently replaced the AC unit and did some major plumbing work this year out of their own pocket.
They have nothing to fall back on with such short notice. The are both 62 years old and can't find a source of income just like that.
Can the owner of the building just kick my parents out of their business without being offered 1st right of refusal? The owner is claiming the other business is willing to pay ~$600/month. He is also trying to sell his property as well. Any advise would be great appreciated. I just think this guy is trying to take advantage of an older couple that he befriended and know they could not fight him legally. We are Nebraska by the way.

Marketeer
03-30-2006, 03:23 PM
Your parents need to read their lease. It's quite possible that the landlord has given your parents the appropriate amount of notice at the end of the lease to terminate it. Unless there is a clause in it that provides for right of first refusal, there's no law that states the landlord must offer it.

bc8964
03-31-2006, 06:01 AM
Thanks for the info. I think their lease was 3 year lease that expires this year. The owner is down right deceiving. Parents thought they were good friends. The owner would stop by the restr. and have dinner once a week and chit chat. Guess he used this info to take advantage. Knowing my parents were replacing and fixing alot of equipment that are fixtures of the building and cannot be removed once booted out of their lease. :mad:

elklaw
04-06-2006, 10:56 AM
Consult the lease to see what notice requirements are for terminating the lease and also to see how improvements are to be dealt with if they are fixtures that cannot be removed and taken with them. I suggest they take the lease to a real estate attorney for review as legal action to stay until lease end is likely going to have to happen based on what you are saying and if not that, the buyer should be aware that they need to honor the lease until it terminates and that can be accomplished by a letter of some kind or recordation of the lease so it is included in the title work. That way, if they have to move, make sure your parents are well compensated for the early lease termination and any permanent improvements made to the property.

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