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Loren, Attorney
Category: Business Law
Satisfied Customers: 33030
Experience:  30 years experience representing clients .
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I am loosing my lease on my automotive gas station I know

Customer Question

I am loosing my lease on my automotive gas station I know that I have no way to stop it leagely but I have been forced to buy a lot of gasoline pos equipment so we can handle the companys credit card program. I have also had to improve the property with landscaping and the building improvments. we have been here 15 years. we asked to be repaid for our investment in there property. as they always said no to any improvement. we made them and now they have sold the property and refuse to repay us for the improvements. can we file an injuction against them to prevent them from removing them without a court date to settle this like I sdaid we were forced to buy the gasoline pos system
Submitted: 8 years ago.
Category: Business Law
Expert:  Loren replied 8 years ago.

I am sorry to hear of your trouble.

The lease will state you rights to the improvements. Generally, the landlord has no obligation to reimburse the tenant for the tenant's improvements. If your lease contains a provision to the contrary then you will have a chance for recovery. Otherwise, probably not.

You should be able to recover possession of your trade equipment and fixtures but you will probably be required to repair any damage caused by the removal. The landscaping belongs to the property unless excepted in the lease.

There is a legal remedy called quantum meruit, where one party is enriched without agreement or compensation to the other party. It is probably not applicable to your case because you do have an agreement and its provisions will control the issue.

As always, you are urged to seek the advise of local counsel to protect your rights in this matter before taking any action.

Good luck. I hope things turn out ok for you.

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Customer: replied 8 years ago.
I found your response very interesting. the part quatum meruit is interesting to me because they never offered me a lease in 15 years and so there was no contract. I looked up this and read several cases and believe there is something to persue here. I made the improments and they sold the unit5 to the hospital for 1.2 million not to bad for a 148x148 square. now I have found a local lawer who has some experience in this law I will contact him tomarrow and see if he thinks there is any way we can make this work. Thanks John
Expert:  Loren replied 8 years ago.
Good luck.

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