If the tenant defaults on the lease, is the landlord obligated to notify Crave Cookies?
Crave_Cookies Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Notice of Default and Opportunity to Cure. Landlord shall provide Franchisor with copies of any written notice of default ("Default") given to Tenant under the Lease, and Landlord grants to Franchisor the option (but not the obligation) to cure any Default under the Lease (should Tenant fail to do so) within 10 days after the expiration of the period in which Tenant may cure the Default.
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- Termination of Lease. Landlord shall copy Franchisor on any notice of termination of the Lease. If Landlord terminates the Lease for Tenant's Default, Franchisor shall have the option to enter into a new Lease with Landlord on the same terms and conditions as the terminated Lease. To exercise this option, Franchisor must notify Landlord within 15 days after Franchisor receives notice of the termination of the Lease.
Source: Item 23 — RECEIPTS (FDD pages 47–194)
What This Means (2025 FDD)
According to Crave Cookies' 2025 Franchise Disclosure Document, the landlord is required to provide Crave Cookies with written notice if the tenant (franchisee) defaults on their lease. Specifically, the landlord must provide Crave Cookies with copies of any written notice of default given to the tenant. This ensures that Crave Cookies is informed of any potential issues with the franchisee's lease obligations.
Furthermore, Crave Cookies is granted the option, but not the obligation, to cure any default under the lease if the tenant fails to do so. This option must be exercised within 10 days after the expiration of the period in which the tenant may cure the default. This provision protects Crave Cookies' interests by allowing them to step in and resolve the default, potentially preventing the termination of the lease and the disruption of the franchise operation.
In addition to notice of default, the landlord is also required to copy Crave Cookies on any notice of termination of the lease. If the landlord terminates the lease due to the tenant's default, Crave Cookies has the option to enter into a new lease with the landlord under the same terms and conditions as the terminated lease. To exercise this option, Crave Cookies must notify the landlord within 15 days after receiving notice of the termination. This provides Crave Cookies with a further opportunity to maintain a presence at the location, either by taking over the lease themselves or assigning it to another franchisee.