What notice period does a Christian Brothers Automotive tenant receive before termination of possession after a default?
Christian_Brothers_Automotive Franchise · 2025 FDDAnswer from 2025 FDD Document
15. Default By Tenant.
- a. The following shall be a default by Tenant:
- i) the failure to timely pay any amounts due hereunder; provided Lessor agrees to provide Tenant written notice of failure to pay such amounts due hereunder and five (5) days to cure such default; provided further Lessor is only obligated to provide such notice and opportunity to cure monetary defaults by Tenant once during any consecutive twelve (12) month period and thereafter any failure to timely pay any amounts due hereunder during that same period shall be an immediate default; and
- ii) the breach of or failure to comply with any provision of this Lease (other than the monetary obligation described in subparagraph (a) above), and the failure to cure such breach within thirty (30) days from the earlier of (i) the date Lessor notifies Tenant in writing of such breach, or (ii) the date Tenant becomes aware of such breach, provided, however, that such thirty (30) day period may be extended for a period of up to ninety (90) days if the default is of such a nature that it cannot be cured within thirty (30) days and Tenant has commenced such cure and continues to use diligence to complete such cure.
- iii) In addition to the other defaults set out in this Lease the following shall constitute defaults under this Lease: (A) the filing of bankruptcy or any other insolvency proceedings by Tenant; (B) the filing of an involuntary bankruptcy petition by creditors of Tenant; and (C) Tenant's giving notice of intent to vacate the Premises prior to the expiration of the Lease. In the event of Tenant's filing of bankruptcy or any other insolvency proceedings, abandonment of the Premises, or giving of notice of intent to vacate prior to the expiration of the Lease term, Lessor is not obligated to give Tenant notice of such default nor any opportunity to cure such a default.
- iv) abandonment of the Premises (as described in Section 17, below).
- v) any default by Tenant under the Franchise Agreement will also constitute a default under this Lease.
Source: Item 23 — RECEIPTS (FDD pages 76–372)
What This Means (2025 FDD)
According to the 2025 Christian Brothers Automotive Franchise Disclosure Document, the notice period a tenant receives before termination of possession after a default depends on the nature of the default.
For failure to pay amounts due under the lease, Christian Brothers Automotive provides a written notice and a five-day period to cure the default. However, this notice and cure opportunity is only obligated to be provided once during any consecutive twelve-month period. After that, any subsequent failure to pay on time within that same period results in an immediate default.
For breaches of the lease other than non-payment, Christian Brothers Automotive allows 30 days to cure the breach from the earlier of when the tenant receives written notice or becomes aware of the breach. This 30-day period can be extended up to 90 days if the default cannot be cured within 30 days, and the tenant has started and continues to diligently work towards a cure. However, in the event of bankruptcy, abandonment of the premises, or notice of intent to vacate before the lease expires, Christian Brothers Automotive is not obligated to provide notice or an opportunity to cure the default.