I have a commercial lease that expires in January. I am completely paid up until December 1. I have every intention on paying my January rent, it’s just that I don’t want to renew my lease. I have leased another building and want to move in there asap, and out of the current building. I can be in the other building by Thanksgiving.
My question is regarding abandonment. If I empty this store (it’s a small boutique) and move to the new location before January, can I be fined or forfeit my security deposit? I am not sure what it specifies in the lease, but I’ve heard that anything can be put into a lease, it doesn’t necessarily make it legal.
Would it be considered abandonment if I completely honor my financial obligation yet vacate the premises?
Also, am I allowed to take the light fixtures? I have track lighting and have heard that I cannot take the track itself, but that I can take the lights… is this true? Also, what about my sign? It is attached to the side of the building.
Can I take things that are screwed into the wall?
Sorry for asking these seemingly simple questions, I’ve never wanted to move before!
Thanks!
October 1st, 2009 at 5:37 pm
You will really have to review your lease to find out all the answers to your questions.
Typically, if it is attached to the building, it stays.
I would assume that it is OK to take your sign. Not the lights, not things screwed into the wall, unless it is decorative things that you put in, art, pictures, items of that nature.
But again, you should review your lease. If you violate the terms, the landlord has your commitment to the terms and could easily win if he/she decided to litigate.