Who is the real tenant of the space?

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Latest post Wed, Jul 13 2016 8:42 AM by ca19lawyer2. 5 replies.
  • Tue, Jul 12 2016 3:21 AM

    • Petew
      Consumer
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    • Joined on Tue, Jul 12 2016
    • Posts 4

    Who is the real tenant of the space?

    If I lease a space to run a franchise , who will be the real tenant, the franchisee, or the franchisor? 

  • Tue, Jul 12 2016 6:45 AM In reply to

    Re: Who is the real tenant of the space?

    If you rent the space, you are the tenant.

  • Tue, Jul 12 2016 8:32 AM In reply to

    Re: Who is the real tenant of the space?

    You question makes no sense as phrased.  You wrote, "If I lease a space. . . ."  If YOU lease a space, then YOU will be the tenant (I have no idea what you mean by "the real tenant").  If you, in your capacity as an authorized agent for a franchisee that is not a sole proprietorship, lease a space, then the franchisee will be the tenant.  If you do this as an authorized agent for the franchisor, then the franchisor will be the tenant.

  • Tue, Jul 12 2016 10:27 PM In reply to

    • Petew
      Consumer
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    • Joined on Tue, Jul 12 2016
    • Posts 4

    Re: Who is the real tenant of the space?

    Sorry for the mistakes. I intend to buy on franchise. I wanted to know, if I, as the franchisee lease the space, would I be the tenant of the space or the franchisor. 

    Thank you for your inputs.

  • Tue, Jul 12 2016 10:56 PM In reply to

    • DOCAR
      Lawyer
    • Top 25 Contributor
    • Joined on Sat, Dec 9 2000
    • NV
    • Posts 5,453

    Re: Who is the real tenant of the space?

    If you would lease the space you would be the tenant. The franchisor would have to lease the space to be the tenant.  Unless authorized in writing and acceptable by the landlord, could you obligate the franchisor.

  • Wed, Jul 13 2016 8:42 AM In reply to

    Re: Who is the real tenant of the space?

    Petew:
    I wanted to know, if I, as the franchisee lease the space, would I be the tenant of the space or the franchisor.

    Your question hasn't changed and neither has the answer.  If YOU lease the space, then YOU will be the tenant.  If the franchise you intend to buy is organized as a corporation or LLC (or other similar entity), if you sign the lease in your capacity as an officer, member, or agent of that corporation or LLC, then the corporation or LLC would be the tenant.  The franchisor wouldn't be the tenant unless you are an authorized agent of the franchisor and enter into the lease in theat capacity.

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