How long does the landlord have to cure a default in their obligations to a Cicis franchise?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
If Landlord defaults in its obligations under the Lease, Tenant must give written notice of the default to Landlord and Landlord will have thirty (30) days thereafter to cure the default; provided, however, if Landlord's default cannot be cured solely by the payment of money and more than thirty (30) days is required to complete the cure of such default, then Landlord will not be deemed to be in default if Landlord immediately commences the cure and diligently and continuously prosecutes such cure beyond the expiration of the initial thirty (30) day period, but in no event in excess of ninety (90) days.
If Landlord remains in default under the Lease, then Tenant may, in addition to any other remedies it may have, perform the obligation of Landlord.
Any reasonable expenses incurred by Tenant in connection therewith must be reimbursed by Landlord within thirty (30) days after Landlord's receipt of written invoice for Tenant's expenses.
If Landlord fails to timely reimburse the foregoing amount, then Tenant may offset the invoiced amount against its next rent payment.
Source: Item 22 — CONTRACTS (FDD pages 64–65)
What This Means (2025 FDD)
According to Cicis's 2025 Franchise Disclosure Document, if the landlord defaults on their obligations under the lease agreement, the tenant (franchisee) must provide written notice to the landlord. The landlord then has 30 days to correct the default.
However, if the default cannot be resolved solely through monetary payment and requires more than 30 days to fully correct, the landlord is not considered in default if they begin the cure immediately and diligently continue until the issue is resolved.
In such cases where more time is needed, the landlord has a maximum of 90 days to cure the default, provided they are actively working towards a resolution. If the landlord fails to meet these conditions, the tenant has the right to perform the landlord's obligations and be reimbursed for reasonable expenses within 30 days of providing a written invoice. If the landlord does not reimburse the tenant, the tenant can offset the invoiced amount against their next rent payment.