commercial tenant paid landlord 11,000 so that landlord can make improvements to property for tenant's use. payment was due prior to construction. Tenant approved constructions drawings and moved in. 1 yr. later tenant paid 4,000 in security deposit. Tenancy is for 5 years, with option to renew upon notice for 2 years. After 1 1/2 yr, business slowed and tenant defaults and owes LL for 6 months at 4,000 per month. Landlord asks tenant to vacate. No written notice was provided as required in lease. Is tenant entitled to any portion of the "non-refundable payment"? Lease provides LL may declare lease terminated by giving notice of intention to terminate and if tenant does not move, LL re-enter if after written notice tenant does not leave. What are tenant's rights here?