Page 9 - NBIZ Magazine April 2021
P. 9

process. But before the landlord can relet, the landlord   files its UCC Form 1 and perfects it first. The UCC Form 1
        has to formally terminate the tenant’s possessions and/or   is filed with the Secretary of State's office in Austin and is
        terminate the lease. Formal termination or repossession   effective for five (5) years unless a continuation statement
        is done by a letter to the tenant. Formal letters terminating   (UCC Form 3) is filed at least six months before the lapse
        possession are required even though the lease may say no   period. The lien filing can be a very effective tool in resolv-
        notice is needed. I know some landlords are not following   ing a tenant’s delinquency. Additionally, the tenant does not
        this important step, but formally taking back the premises   have to participate in the UCC Form 1 for the landlord to file
        by written notice is the proper way to repossess.      the document. Here is a sample of a contractual landlord’s
           Once formal repossession is achieved, and the property   lien that should be in a landlord’s commercial lease form:
        manager has changed the locks to the premises, what does
        one do with the premises that are filled
        with the tenant’s property? First,
        the landlord should review the Texas
        Property Code, which allows a commer-
        cial landlord to send a notice that can
        be included in the letter terminating
        possession. The letter states that if the
        tenant fails to retrieve the property          HOUSTON
        within sixty (60) days from the date of
        the letter, the landlord may dispose of        UV & GERMICIDAL
        the property as he/she deems appropri-      LIGHTING SOLUTIONS
        ate. This would effectively deal with the
        tenant’s property. And if the tenant does
        not make a demand to retrieve the prop-
        erty within sixty (60) days, the landlord     ASK ABOUT THE
        may dispose of it. This only applies to          NEW 4-IN-1
        property that belongs to the tenant.       DISINFECTION CART
        Commercial Landlord’s Lien
           Now, if one is certain that all the
        property belongs to the tenant, and the
        sixty (60) days is too long to hold the   Why Choose UV Lighting?             User-Friendly Systems
        FF&E, the landlord may be able to sell   Reduce germs, microbes, and viruses  Easy-to-use and portable solutions
                                               with UV and visible lighting solutions.
        the FF&E if the landlord has a contrac-  UV lighting can save you money, time,  for hospitality, schools, kitchens,
                                                                                      offices, and more
        tual lien provision within the lease. If   and energy while disinfecting and
        the landlord’s lien provision is present,   cleaning your facility.           Mobile & Temporary Solutions
        the landlord may notice a sale as set   Commercial buildings have used UV  UV  Easy-to-use and portable solutions
                                               Commercial buildings have used UV
                                                                                      for hospitality, schools, law
                                                                                      for hospitality, schools, law
        out in the provision with a reasonable   lighting to promote healthier indoor  enforcement, offices, and more
        notice which could be as little as seven   environments for decades. Its power
        (7) days’ notice. This is an efficient way   to sterilize has cleaned the drinking   Unique Patented Technology
                                                                                      The CELLO 4-in-1 unit utilizes 3
                                               water of billions of people.
                                                                                      The CELLO 4-in-1 unit utilizes 3
        to dispose of the tenant’s abandoned                                          proven technologies: HEPA
                                               Research laboratories operate
        property quickly. If you have a landlord   Research laboratories operate      Filtration, UVC Disinfection and
        unwilling to hold the property for sixty   powerful UV lights to clean germs from   Needlepoint Bipolar Ionization
                                               sensitive equipment. Hospitals and
        (60) days, then never give up a land-  medical facilities use this technology to
        lord’s contractual right to a lien when   disinfect and decontaminate surfaces   4-in-1 Cart Warranty & Support
                                                                                      The Cello Omni 4-in-1 unit comes
        negotiating the lease. This provision   and tools.                            The Cello Omni 4-in-1 unit comes
                                                                                      with a 36 month manufacturer
        is often deleted. If the provision is omit-  Now you can harness the power of UV   warranty, and ships with 4 spare
                                               Now you can harness the power of UV
        ted during negotiations, the landlord   and germicidal lighting for your facility,   lamps, 3 replacement filters, and a
        loses the right to sell the property in   too. Contact us to learn more.      sign to inform employees and
                                                                                      customers that you are disinfecting
        a quick private landlord’s sale. Even if                                      your facility
        one has the contractual landlord’s lien,
        one still must perfect the lien status.
        To perfect a contractual landlord’s
        lien and possess the first lien on the
        property,  it is necessary to file a UCC                                          TALK TO AN EXPERT
        Form 1 when the lease is signed.                                                            (281) 721-0887
        Otherwise, one has to take possession                                     WWW.FSG.COM/HOUSTON-LIGHTING
        of the property before another creditor
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