If an Aplus franchisee remains in possession of the premises after the lease term, what options does Sunoco have?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
- (D) Notwithstanding the foregoing, and without waiving any of Sunoco's rights to evict you and re-enter the Premises, which rights shall be continuing and remain in full force and effect from and after the end of this Lease, if you remain in possession of the Premises for whatever reason, other than by virtue of a separate agreement in writing signed by Sunoco, then Sunoco may elect to treat you as a tenant-at-will of the Premises.
1.34 Waiver by You
You waive, to the extent permitted by applicable law, all notices or demands to quit possession prescribed by any law, statute, or ordinance relating to any summary process or other procedure for obtaining possession of the Premises.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, if a franchisee remains in possession of the premises after the lease term, Sunoco has specific rights. Sunoco retains the right to evict the franchisee and re-enter the premises, and these rights remain in full effect after the lease ends.
Alternatively, Sunoco can choose to treat the franchisee as a tenant-at-will, provided there isn't a separate written agreement in place. This means the franchisee's continued occupancy is at Sunoco's discretion.
The franchisee also waives any legal notices or demands to vacate the premises, to the extent permitted by law. This waiver applies to any summary process or procedure Sunoco might use to regain possession of the premises, streamlining the eviction process if necessary.