Business law associate, Ricky Luthra, recently spoke with Buffalo Business First about what tenants can take from commercial leased spaces at the end of their leases. This article comes after a recent situation between the BFLO store and the owners of the Eastern Hills Mall regarding what items could be taken from the property.
Business First talked with Ricky Luthra, an associate attorney at Rupp Baase Pfalzgraf Cunningham LLC, about what is generally allowed in a leased space. He has eight years of business law experience, which includes commercial leasing and representing both landlords and tenants.
What is allowed usually depends on what’s in the lease.
“Leases in general are drafted in favor of the landlord,” he said. “You really want that reviewed so you know what you’re signing and know options for negotiating more favorable terms.”
Buffalo Business First
In the article, Business First gave Ricky a series of hypotheticals and asked whether the tenant would be allowed to take the items or if the landlord keeps them. Here is one of those hypothetical questions:
Can you take your TV? What if it’s mounted to the wall?
The tenant can take it. To the extent there is damage, the tenant would be responsible for repairing that damage, but that also ties back to lease provisions about the end of the term. Those provisions will say that you’re required to return it as is or as it was when premises were delivered with reasonable wear and tear accepted, according to Luthra’s interpretation.
Buffalo Business First
Check out the rest of the article and hypothetical situations here.