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    Default How to Interpret a Commercial Lease Clause

    My question involves an eviction in the state of: Louisiana

    On a commercial lease under "USE" there is a sentence that says "Tenant shall use and occupy the premise for the purpose of operating a lounge/nightclub" The tenant closed the bar for about two months.Would this be enough for an eviction? She reopened after the two months.

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    Default Re: How to Interpret a Commercial Lease Clause

    Quote Quoting Cardiac Flyer
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    My question involves an eviction in the state of: Louisiana

    On a commercial lease under "USE" there is a sentence that says "Tenant shall use and occupy the premise for the purpose of operating a lounge/nightclub" The tenant closed the bar for about two months.Would this be enough for an eviction? She reopened after the two months.
    NO, I doubt you can evict.

    My dad was a commercial landlord, and I've been a commercial tenant, and the entire purpose of such a clause is to make sure the tenants are engaged in lawful businesses, are in confomity with local zoning. This way, if the bar/lounge turned into a "massage parlor", violating zoning laws, the landlord can legally evict. In fact, the landlord himself can be sued if a property was rented in violation of the laws.

    The word "USE" in a lease only refers to the PURPOSE to which the property is utilized, not "WHEN".

    Now, commercial entities often close temporarily for renovation, temporary loss of licenses, or lapse of insurance. What you are alluding to is the business must be in continuous operation, or open for a minimum number of hours, and based on the clause that you cited, it does not require that.

    Such continuous operation requirements, as well as store hour requirements exists, in leases usually for malls and shopping centers. The purpose there is to make sure when customers come to shop, they won't find half the stores closed. For instance, many malls require stores to be opened on Sundays.

    My niece had a job at an eyeglass store, and state law requires a licensed optometrist on site during store hours. The store was found in violation as my niece was not licensed at the time. She is now.

    What the store did was temporarily close the store till they hired a licensed optometrist. Then the shopping mall got after the store because they violated the "store hour requirements" that was in the lease.

    What did the store do??

    The had my niece show up for work every day, and her job was to tell all customers walking in the door that the store is open but "not open for business" as they are in the process of hiring a licensed optometrist. A cheaper way perhaps, is to turn all the light on, and hang a "out to lunch" sign up front all day long.

    So if you had such a requirement in the lease, the lounge would then have to have an employee at the front greeting all customers saying that "we are open, but not open for business". Is this what you are looking to do??

    Now, if you are looking for an excuse to evict, it does not appear you can do so, based on the clause cited. Or if you are looking to require the lounge to be open for business at certain hours during the term of the lease, the time and hours must be stipulated.

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