Tenant not providing any security for a commercial place. What to do?


I have a place that I want to give for opening up a food outlet. The Agreement and all formalities with the other party have been put in place but the Agreement has a clause saying “Either of the parties can decide to terminate the agreement after a 3 month notice.....”. This has given rise to the insecurity of the tenant withdrawing whenever they want.

 

Also, they are not providing me security of any kind. What can I do in this case as I am investing a lot of money in renovating the place.

 

How do I safeguard my interest?

 

Answer

 

Such termination clauses are inclusive of all contracts, so you cannot avoid this.

 

However, if they are not ready to provide you the security, then you can add another clause with respect to the costs of the modification / renovations being done by you.

 

The Clause can provide that in case the tenant decides to terminate the contract within a period of __ year (this period should be the time period within which you feel you shall be able to recover the costs of the renovation) then he shall be liable to pay __% of the amount of renovation.

 


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