If Sunoco initiates judicial proceedings to recover possession of the premises after termination or expiration of the lease and recovers judgment for possession, is an Aplus franchisee required to pay Sunoco's reasonable attorney's fees?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
- (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.
- (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.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
Based on the 2024 Aplus Franchise Disclosure Document, if a franchisee fails to remove their personal property from the premises within ten days after the lease ends or after being requested to do so, Sunoco has the right to remove, store, or dispose of the property without any liability for its value, loss, or damage. The franchisee is responsible for covering the costs Sunoco incurs to restore the premises to its original condition and for the removal, storage, and disposal of any property left behind.
Even if the lease has ended, Sunoco retains the right to evict the franchisee and re-enter the premises. If a franchisee remains in possession without a separate written agreement with Sunoco, Sunoco can treat them as a tenant-at-will.
However, the FDD does not explicitly state whether the Aplus franchisee is responsible for Sunoco's attorney's fees if Sunoco initiates judicial proceedings to recover possession of the premises. A prospective franchisee should seek clarification from Sunoco regarding responsibility for legal fees in such scenarios.