Question: Ashleys Restaurant has been in leased premises since it opened, and there are things she wants to change the next time she renegotiates her leasehold
Ashleys Restaurant has been in leased premises since it opened, and there are things she wants to change the next time she renegotiates her leasehold interest with the landlord. Her issues are as follows: The lease prohibits any lit or neon sign that shows in the dark. Ashley would like this term removed. The landlord says he cannot change this as it was a covenant included in his grant from the developer in order to fit in with the very residential surroundings of the neighbourhood. Ashley would like an outdoor patio area for the summer months on the sidewalk in front of the restaurant. The landlord will not agree to this because he thinks the City wont like it. In the current lease, Ashley pays the landlord for tax bills associated with her unit. She would rather pay these directly to the City. The landlord does not want to let her do this. What are the legal reasons why the landlord is resisting each of Ashleys requests? The landlord is considering selling the complex; should Ashley be worried about a new owner evicting her business?
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