QUESTION

Can I stop power supply to Airvacuum?

Asked on Oct 20th, 2013 on Contracts - Florida
More details to this question:
I purchased gas stationbusiness by lease last July in Florida but I found the clause that landlord collect coins from Airvacuume on the contract. However there is no clause that tenant supply power to Airvacuum. Tenant claims to landlord that it is unfair for land lord to take a revenue by the expense of tenant including electricity, collecting garbage, cleaning and coin change. Again there is no clause that tenant to supply electricity to air vacumme for landlord's operation of airvacuum business. Can I stop supplying electricity to airvacuum to protect my interest to avoid my loss legally?
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1 ANSWER

Business & Commercial Law Attorney serving Tampa, FL
2 Awards
We represent many small businesses, including c-stores and gas stations. However, in order to adequately answer this question, I would need to review the contracts, including the lease and purchase agreement. It is possible that you are not obligated to provide power to the Air Vacuum, but before turning it off, there may be some other risks to consider.  For instance, did the Landlord need to consent to the purchase and transfer of lease to you? Have you asked your predecessor if he was paying for electricity and if he was servicing the unit? Is that specified in the lease or sales agreement? Have you spoken to the Landlord about this? It strikes me that there may be an amicable solution that starts with an honest conversation. Contract matters always require a review of language and facts before any legal advice can be provided. It is impossible to offer counsel without seeing documents because it is the combination of language across the various provisions and agreements combined with the facts and law that enable lawyers to assess situations like this and provide advice. I recommend you call your counsel on this matter or reach out to a licensed Florida attorney who regularly handles contract matters. You are welcome to reach out to our firm if you would like specific advice from us.  
Answered on Oct 20th, 2013 at 4:47 PM

The answer provided is based upon limited information and, as a result, may not be correct or complete. It is not legal advice on which you can rely.

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