Expert: Brian Bocchieri - 7/3/2008

Question
Hi Brian,
This is kind of unusual and may be outside of your expertise, but I thought I would try.  I have a yoga business and I hold the lease on the commercial space.  I also sublet several rooms to massage therapists, acupuncturists, etc.  One of my sublessees left the space, and took some of her furnishings with her.  The space is still useable, as it has the essential furnishings needed: table for massage/acupuncture, etc.  One of the other sublessees is now telling me that I need to furnish the space up to the standard before the first sublessee left.  Her lease is 3 lines, and does not mention anything about a right to furnishings of a certain level.  Can she force me to upgrade the existing furnishings?  There is a third lessee that is perfectly satisfied and continues to use the room as is.

Sarah.

Answer
Hello Sarah

My answer would be if it is not spelled out in the lease it is not enforceable.  Your tenant may have an implied understanding that the furniture came with the space but if it is not written into the lease she should not have a case. ( but you know lawyers they twist tings to fit the situation)

I hope this helps

Wishing you all the best

Brian Bocchieri