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Landlord Tenant Law

Surviving the Retail Shift

What to Do with Personal Property After a Tenant Vacates

Part Four of a Five-Part Series

The wreckage of a failed retail business often includes the tenant's personal property that remains in the leased space. Critical to evaluating what to do with this personal property is understanding the nature of that property and determining who has rights to it.

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As some retail tenants face failing businesses — or worse, they have already shuttered their stores — shopping center owners and managers must deal with the aftermath. The wreckage of a failed retail business often includes the tenant’s personal property that remains in the leased space. Some retail tenants offer this personal property to the shopping center owner in negotiation of full or partial satisfaction of past and future rental and early termination of the lease. Other tenants simply turn off the lights, leave their furniture and equipment in the premises, and disappear. Critical to evaluating what to do with the personal property left in vacant leased premises is understanding the nature of that property and determining who has rights to it.

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