As some retail tenants face failing business – or worse, have already shuttered their stores – shopping center owners and managers must deal with the aftermath. The wreckage of a failed retail business often includes the tenant’s personal property remaining in the leased space. Some retail tenants offer this personal property to the shopping center owner in negotiation of full or partial satisfaction of past and future rental and early termination of the lease. Other tenants simply turn off the lights, leave their furniture and equipment in the premises, and disappear. Critical to evaluating what to do with the personal property left in vacant leased premises is understanding the nature of that property and determining who has rights to it.
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