Regarding alterations to a Del Taco Demised Premises, what is a Subtenant required to do before beginning any alterations, assuming they have obtained written consent from the Sublandlord?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
14. Alterations.
Subtenant shall not make or allow any alterations of the Demised Premises, without the prior written consent of Sublandlord. Any additions to or alterations of the Demised Premises shall become a part of the realty and shall belong to Sublandlord or Master Landlord. If Subtenant obtains the written consent of Sublandlord to any proposed alterations, Subtenant shall advise Sublandlord in writing of the date upon which Subtenant will begin the alterations in order to permit Sublandlord and Master Landlord to post a notice of non-responsibility. Subtenant shall indemnify and hold Sublandlord free and harmless from any liability, loss or dama
Source: Item 23 — RECEIPTS (FDD pages 59–325)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, a Subtenant who has obtained written consent from the Sublandlord to make alterations to the Demised Premises must advise the Sublandlord in writing of the date they will begin the alterations. This notification allows the Sublandlord and Master Landlord to post a notice of non-responsibility.
This requirement protects the Sublandlord and Master Landlord from potential liability related to the alterations. By posting a notice of non-responsibility, they can potentially avoid being held responsible for any issues arising from the alterations, such as construction liens or injuries.
Additionally, the Subtenant is responsible for indemnifying and holding the Sublandlord harmless from any liability, loss, or damage related to the alterations. This means the Subtenant bears the financial responsibility for any problems or claims that arise due to the alterations. This is a standard practice in lease agreements to ensure that the property owner is protected from liabilities caused by the tenant's actions.
It is important for a prospective Del Taco franchisee, acting as a Subtenant, to understand these obligations before undertaking any alterations to the premises. They should ensure they have adequate insurance coverage and a clear understanding of their responsibilities to avoid potential financial or legal issues.