What right does Sunoco have if an Aplus franchisee fails to surrender the premises at the end of the lease?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
ll assignments) shall end as of the effective date of the termination, nonrenewal, or cancellation of this Lease. Upon such effective date, you shall immediately surrender, quit, and return possession of the Premises to Sunoco. The Premises, including Loaned Equipment, must be clean and restored to original condition with all refuse removed, normal wear and tear excepted. Notice and demand to you to quit and for possession and re-entry by Sunoco are waived.
- (B) Should you fail to surrender, quit, and return possession of the Premises to Sunoco at the end of this Lease, Sunoco shall have the right to enter upon the Premises and evict you from the Premises, for purposes of repossessing same, without having liability to you for trespass or damage by reason of such re-entry and eviction.
- (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.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, if a franchisee fails to surrender the premises at the end of the lease, Sunoco has specific rights. Sunoco may remove, store, or dispose of any property left on the premises ten days after the lease ends or after a request to remove the property, without any liability for 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 with these rights, Sunoco retains the right to evict the franchisee and re-enter the premises. If the franchisee remains in possession without a separate written agreement with Sunoco, Sunoco can choose to treat the franchisee as a tenant-at-will.
Furthermore, the franchisee waives any legal notices or demands to leave the premises, to the extent permitted by law, which relate to any process for obtaining possession of the premises. This means Aplus franchisees give up some legal protections they might otherwise have when it comes to eviction proceedings.