Legal Question in Real Estate Law in Indiana

Building Lease

I own a commerical mix tenant building. A large bank occupys 44% of the building. They wrote the lease that I accepted on buying the building 7 years years ago.

They have become diffcult. The biggest issue is now they feel they have rights because they have done it for years to a dual ATM area, with reserved parking. It is not mentioned anywhere in the lease.

What does Indidna law say about occuying space (glass enclosure) not in your lease on the outside of the building?

There lease is not up for two years, however we began to renew and they got stubborn. Can I boot the ATM ????

Thanks


Asked on 7/01/03, 5:57 pm

1 Answer from Attorneys
John Bator Bator Redman & Shive

Re: Building Lease

I recently represented a lender in negotiating an ATM lease and it has been my understanding that if it is not in the original lease you can take the position that it is separate. However, they are your anchor tenant and depending on the vacancy rates and your location market, you may want to tread lightly. I suggest you consider getting an attorney to look at your lease and possibly the assistance of a commercial realtor.

I can be reached at Bator Redman, 317-685-2426 or at [email protected].

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Answered on 7/01/03, 6:33 pm


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