in good standing
do landowners retain the value and intellectual property of operating businesses on their land
The landlord does not retain the right to continue the business or the business's name or trademark. Thus, unless suit is filed and the landlord is expressly awarded that as compensation or for some other reason, those rights belong to your business.
A lease will have a term, which established the termination date of the lease. There may be an option to extend the lease and, if so, a time where the option must be exercised. If not exercised then the lease terminates. See business counsel.
My comments have been made without discussion. An attorney client relationship has not been established. There may be conflicts which prohibit my providing you with specific legal guidance. Any contact with you beyond these few general words will start with a disclosure of opposing parties so that a conflict check can be made. You should discuss with an attorney.
Whether they can terminate the lease is a matter of your rental agreement. Whether he can retain any ip associated with the business is likely not covered in the rental and should be examined by an ip attorney. It is likely he cannot.
You own the intellectual property and goodwill of the business and the Trademark rights in your conmpany. You can move and open your business in a new location. While the landlord can shut you down in his building, he has no right to use your company's name and Intellectual property rights.
Mr. Sack's postings on Avvo are of a general nature, based on the facts provided and are not intended to be taken as legal advice or to establish an attorney-client relationship.
The answer is almost certainly no, unless sharing an interest in intellectual property developed on the premises was contemplated in your contract. Otherwise, this is strictly a landlord-tenant matter with regard to your landlord, and the intellectual property and goodwill of the company remains in the sphere of the proprietor. You may want to schedule a consultation with a North Carolina business attorney if you have further questions.
The landlord's right to terminate your lease is one matter.
The landlord's right to use a business name or operate a certain business on his premises is another.
Usually, the lease speaks to the first matter. It's rare for leases to speak to the second matter, but it's possible. Start by getting a consultation with a commercial real estate lawyer or a business lawyer who has experience dealing with commercial leases.
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