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To: mosaicwolf

Actually if you sign a commercial lease the entity commits to staying open during the term of lease. This is a judge sticking to the terms of the contract.

The only escape from not being open would be inability to absorb the hit, which starbucks can..


14 posted on 12/03/2017 8:49:37 AM PST by GreaterSwiss
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To: GreaterSwiss

Exactly. Don’t sign on the line if you don’t want to do the time.


27 posted on 12/03/2017 8:56:50 AM PST by conservative98
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To: GreaterSwiss

SPG would still have to try and cover, damages being the difference between the Teavana lease rate and what they got from covering.

Wasn’t clear to me from the article that SBux was breaking a bunch of leases, but if they want to shutter the Teavana stores and buy out their leases, the company should be allowed to do that.


34 posted on 12/03/2017 8:59:47 AM PST by ameribbean expat
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To: GreaterSwiss

That actually makes the most sense... otherwise I don’t know what possible legal reason a judge would have to force a store to stay open.


43 posted on 12/03/2017 9:05:36 AM PST by Roobarb321
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To: GreaterSwiss

Yeah, like I signed a rental lease but wanted to move. I still had to make the payments, but I did not have to live there until the lease was up. Same idea here, the lease payments need to be made and shame on Starbucks for not providing escape clauses — or do they have them? I want to read the lease.


73 posted on 12/03/2017 9:30:47 AM PST by KC_for_Freedom (Trump has one good idea after the other.)
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To: GreaterSwiss

Yeah, like I signed a rental lease but wanted to move. I still had to make the payments, but I did not have to live there until the lease was up. Same idea here, the lease payments need to be made and shame on Starbucks for not providing escape clauses — or do they have them? I want to read the lease.


74 posted on 12/03/2017 9:30:48 AM PST by KC_for_Freedom (Trump has one good idea after the other.)
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To: GreaterSwiss

They usually have the option to go ahead and close and payoff the rest of the lease.


80 posted on 12/03/2017 9:37:06 AM PST by morphing libertarian (Build Kate's Wall)
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To: GreaterSwiss

“Actually if you sign a commercial lease the entity commits to staying open during the term of lease. This is a judge sticking to the terms of the contract.”

I hadn’t thought of that.

If true, I can feel good about Starbucks being damaged.


98 posted on 12/03/2017 10:01:41 AM PST by jeffersondem
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To: GreaterSwiss

Came here to say that.

If they have a lease, the contract can only allow backing out of the lease under certain circumstances.


143 posted on 12/03/2017 11:17:12 AM PST by Bogey78O (So far so good.)
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To: GreaterSwiss

That’s gotta be it, the lease terms. I cannot believe a judge would make this up otherwise.


148 posted on 12/03/2017 11:40:23 AM PST by NonValueAdded (#DeplorableMe #BitterClinger #HillNO! #cishet #MyPresident #MAGA #Winning #covfefe)
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To: GreaterSwiss

Not all leases.

Regardless, if a failing business makes a business decision that they are losing bucks for staying open, they can just pay the outstanding rent balance and be done with it (like walking away from a apartment lease).


158 posted on 12/03/2017 12:36:32 PM PST by Hulka
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To: GreaterSwiss

And there it is.

I have seen this a few times. It does mean that the Simon group just made a very profitable chain very angry, but the lease terms do say to stay open for the term of the lease.


161 posted on 12/03/2017 1:07:47 PM PST by redgolum
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To: GreaterSwiss

the commitment is just to pay rent, not to stay open. if they keep paying the rent to their end (or closing clause) they are fine.

This is a judge who has never had to work a day in his/her/it life.


179 posted on 12/04/2017 6:15:25 AM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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