What condition must the Aplus franchisee leave the premises in upon termination of the lease?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
(G) Upon termination or expiration of this Lease, you shall deliver the Premises and Loaned Equipment to Sunoco in the condition in which you are obligated to maintain them hereunder.
(C) Subject to Sunoco's rights set forth in Section 2.21 (A) and (B) of this Lease, you shall remove all of your personal property from the Premises at the end of this Lease.
Any property left or found upon Premises ten (10) days after the end of this Lease or the date you have been requested to remove same may be removed, stored, or disposed of by Sunoco without liability to you for the value, loss, or damage thereto occasioned by such removal, storage, or disposition.
Costs incurred by Sunoco for restoration of the Premises to original condition, and for removal, storage, and disposition of your property left or found on the Premises, shall be borne by you and paid to Sunoco.
(A) You shall maintain the Premises, Loaned Equipment, and your own property and equipment on the Premises in a clean, neat, orderly, sanitary, safe, and trash- and weed-free condition and in accordance with the Franchisee Maintenance Responsibility Schedule as set forth in Part III below.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, upon termination or expiration of the lease, the franchisee must deliver the premises and loaned equipment to Sunoco in the condition in which they are obligated to maintain them under the lease. This obligation is further detailed in the Franchisee Maintenance Responsibility Schedule, which is included in Part III of the lease agreement. This means the franchisee is responsible for keeping the premises in good repair and condition throughout the lease term, and this responsibility extends to the state of the premises upon termination.
The franchisee is also responsible for removing all personal property from the premises at the end of the lease, subject to Sunoco's rights. If any property is left on the premises for more than ten days after the lease ends or after a request to remove it, Sunoco may remove, store, or dispose of the property without any liability to the franchisee for any loss or damage. The franchisee is responsible for covering any costs Sunoco incurs to restore the premises to its original condition and for the removal, storage, and disposal of any property left behind.
In addition to the general maintenance and removal of personal property, the franchisee must maintain the premises, loaned equipment, and their own property in a clean, neat, orderly, sanitary, safe, and trash- and weed-free condition. This includes adhering to the Franchisee Maintenance Responsibility Schedule. The franchisee is also responsible for maintaining restroom housekeeping and maintenance. Failure to maintain these conditions can result in Sunoco performing the necessary obligations to correct any defaults, with the franchisee bearing the costs as additional charges due within five days of demand.