What is the landlord's obligation regarding notifying Deka Lash of tenant defaults?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
- III. During the term of the Lease, Landlord agrees to give Franchisor written notice of all defaults of Tenant concurrently with the giving of such notice to Tenant. Landlord
- further agrees to give Franchisor a 10 day period to cure such default, or the period provided to the Tenant in the Lease, whichever period shall be longer.
- IX. All notices or demands required hereunder shall be made in writing and shall be deemed to be fully given two days after deposit in the U.S. certified mail, postage prepaid, return receipt requested or one day after sent Federal Express or similar overnight courier for overnight delivery. Franchisor's address for notices is 20 South Main Street, #248, Bountiful, UT 84010.
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
According to the 2024 Deka Lash Franchise Disclosure Document, the landlord has an obligation to provide Deka Lash with written notice of any tenant defaults. Specifically, the landlord must give Deka Lash written notice of all tenant defaults concurrently with the giving of such notice to the tenant.
In addition to providing notice, the landlord must give Deka Lash a 10-day period to cure the default, or the period provided to the tenant in the lease, whichever is longer. However, Deka Lash is not obligated to cure any default unless it agrees to do so in writing and at its sole discretion.
This arrangement is part of an agreement where the tenant (franchisee) assigns their rights in the lease to Deka Lash, which becomes effective upon notice from Deka Lash to the landlord. This assignment allows Deka Lash to step in and assume the lease if the franchisee defaults, thereby protecting the location for continued operation of a Deka Lash studio. The address for notices to Deka Lash is 20 South Main Street, #248, Bountiful, UT 84010.