About 10 years ago my mother was taken advantage of by an Indian motel owner and she has this large sign out on her property by the interstate in her farm field. She owns a farm with the sign on it and the motel owners advertisement on it. Well this motel owner worked up a lease in his favor and every year he has been late paying her. I've had to step in and literally almost threaten him to get him to pay us We are now about to the end of the lease with one more year to go. He has had no increases in rent for nine years now. When the lease terminates how do we get him to cover up his advertisement or can we just keep charging him until he covers up his advertisement... we need a little bit of advice here?
The terms of the lease should govern the removal of the signage. Be sure that this lease does not contain any terms regarding automatic renewal for another 10 years and make sure mother complies with any steps she must take to be sure this lease ends on time. Commercial leases are never "standard" and should always be reviewed by an attorney before signing as mother has learned to her detriment. It may be worth hiring an attorney to review this lease and make sure it ends as your mother wishes it to. As a practical matter, if tenant refuses to take down sign at the end of the lease, paint covers a multitude of sins.
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Why renew a lease with someone who does not pay for it? Upon the termination of the lease, the sign should be removed.
Discuss the details with an IL attorney versed in business law.
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You should hire an attorney to review the lease and make sure you are taking the correct steps to get out of the lease when it ends. These can be complicated and you should not attempt it yourself. Had your mother hired a lawyer before signing this, you would not be in the problem right now. So why repeat the mistake?
This is advertisement not legal advice. This answer does not constitute an attorney client relationship. This attorney is only licensed to practice law in Illinois. This answer is made for information purposes only to a general question and is not legal advice.
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