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Ely
Ely, Attorney
Category: Business Law
Satisfied Customers: 99981
Experience:  Counselor at Law.
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I have a business and I want to close it and run a

Customer Question

I have a business and I want to close it and run a "Going Out Of Business" sale. The problem is, the landlord does not want me to have banners saying we are going out business. They said, according to the lease, all the signage must be approved by the
landlord before installation. They want me to lie, saying like "fall blow out sale" or back to school sale"... What should I do? Actually, "Going Out Of Business" sale is the best sale to get rid of all the inventory. Of course, I want to have banners inside
or outside the business. Is there any differences between having signage inside or outside the business?
Submitted: 1 year ago.
Category: Business Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. If the lease indeed has this clause that all signs must be approved by the landlord then I am afraid there is really no way around it. The clause is binding as part of the lease. I am very sorry. Unless the landlord is willing to withdraw their objection, they have this contractual right to enforce the situation.

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Customer: replied 1 year ago.
What if I have banners inside the store? Sometimes, in the past, I did not have permit from the City to hang banner outside and it was OK to hang inside.
And what if I hang GOB banners outside without permission from Landlord? what can the landlord do to take it down ? Can i paint the window "Going out of Business sale". Can I sue landlord bc they tell me to lie to customers instead of telling the truth? If i do not have GOB banner for the sale, i'll never get rid of all the inventore
Expert:  Ely replied 1 year ago.

What if I have banners inside the store?

If the contract talks only about an outdoor banner, the the indoor banner is not subject to the approval clause.

Sometimes, in the past, I did not have permit from the City to hang banner outside and it was OK to hang inside.

This does not matter. You are dealing with the contract's restrictive clause, and not the city ordinances.

And what if I hang GOB banners outside without permission from Landlord? what can the landlord do to take it down ?

They can file a suit seeking permission to take it down and ask for legal fees. They can also try to evict you for breach of material lease.

Can i paint the window "Going out of Business sale".

This depends on the verbiage of the contract. If the contract clause is not too specific, the Court would interpret it based on "common" interpretation. I would play it safe.

Can I sue landlord bc they tell me to lie to customers instead of telling the truth?

No.

If i do not have GOB banner for the sale, i'll never get rid of all the inventore

I am sorry, I understand, but the contract does control.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 1 year ago.

Hello again. Please let me know if you need anything else on your question. I am just "checking in" with you. All the best.

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