we have a restaurant in delaware, we are behind on the rent 2 months. we do not have a personel guarantee on the lease. can we take some of ...

Question

we have a restaurant in delaware, we are behind on the rent 2 months. we do not have a personel guarantee on the lease. can we take some of the equipment with us when we leave

Answer

As a Franchise Attorney I can say it depends on a couple factors. First is your lease - does it address this topic? Second, assuming not, if any of the equipment is considered a "fixture," then it becomes part of the premises and cannot be removed with the landlord's consent. For example, a refrigerator on wheels would not be a fixture, but a commercial vent probably is. 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