The "Removal of Personal Property" clause delineates the responsibilities and time frame within which tenants or parties must vacate and remove their belongings from a premises upon termination or expiration of a lease or agreement. Failure to comply may result in items being considered abandoned, potentially leading to their disposal or storage at the owner's expense.
e. Consent to the Removal of Personal Property. The Lessor agrees to negotiate in good faith with respect to any commercially reasonable documents or agreements that are required by the Lessee’s lender at any time and from time to time, including, but not limited to, a consent to removal of personal property from the Premises, where such personal property serves as collateral for the Lessee’s obligations under a loan agreement with the lender. Lessee agrees that Lessee shall reimburse Lessor, within ten (10) days following Lessor’s delivery to Lessee of an invoice for the same, for Lessor’s reasonable attorney’s fees incurred in connection with any such review and negotiation of any documents requested by Lessee’s lender.
e. Consent to the Removal of Personal Property. The Lessor agrees to negotiate in good faith with respect to any commercially reasonable documents or agreements that are required by the Lessee’s lender at any time and from time to time, including, but not limited to, a consent to removal of personal property from the Premises, where such personal property serves as collateral for the Lessee’s obligations under a loan agreement with the lender. Lessee agrees that Lessee shall reimburse Lessor, within ten (10) days following Lessor’s delivery to Lessee of an invoice for the same, for Lessor’s reasonable attorney’s fees incurred in connection with any such review and negotiation of any documents requested by Lessee’s lender.
e. Consent to the Removal of Personal Property. The Lessor agrees to negotiate in good faith with respect to any commercially reasonable documents or agreements that are required by the Lessee’s lender at any time and from time to time, including, but not limited to, a consent to removal of personal property from the Premises, where such personal property serves as collateral for the Lessee’s obligations under a loan agreement with the lender. Lessee agrees that Lessee shall reimburse Lessor, within ten (10) days following Lessor’s delivery to Lessee of an invoice for the same, for Lessor’s reasonable attorney’s fees incurred in connection with any such review and negotiation of any documents requested by Lessee’s lender.
The Landlord agrees to negotiate in good faith any documents or agreements that are required by the Tenant’s lender at any time and from time to time, including, but not limited to, a consent to removal of personal property from the Premises, where such personal property serves as collateral for the Tenant’s obligations under a loan agreement with the lender.
6. Removal of Personal Property. Any personal property of Tenant remaining in the Premises after the Termination Date is hereby agreed to be abandoned by Tenant and may be disposed of by Landlord, in Landlord’s sole discretion, without obligation or liability of any kind to Tenant. Notwithstanding the foregoing or anything to the contrary set forth herein, Landlord acknowledges that there are no Installations or Improvements which Tenant must remove prior to the surrender of the Premises.
5. Removal of Personal Property. Any personal property of Tenant remaining in the Premises after the Termination Date is hereby agreed to be abandoned by Tenant and may be disposed of by Landlord, in Landlord’s sole discretion, without obligation or liability of any kind to Tenant. Notwithstanding anything to the contrary contained in the Lease or this Agreement, Tenant shall be required to surrender the Premises with all fixtures, furniture and equipment currently in place and with title to the same transferring to Landlord as of the Termination Date, except for any lab benches, lab equipment and AV equipment which were not paid for by Landlord and which are approved in writing by Landlord for removal from the Premises. For the avoidance of any doubt, any items not on a list approved in writing by Landlord may not be removed by Tenant.
6. Removal of Personal Property. Any personal property of Tenant remaining in the Premises after the Termination Date is hereby agreed to be abandoned by Tenant and may be disposed of by Landlord, in Landlord’s sole discretion, without obligation or liability of any kind to Tenant.
5. Removal of Personal Property. Any personal property of Tenant remaining in the Premises after the Termination Date is hereby agreed to be abandoned by Tenant and may be disposed of by Landlord, in Landlord’s sole discretion, without obligation or liability of any kind to Tenant.
5.Condition of Second Expansion Space and Removal of Personal Property. Notwithstanding anything herein or in the Lease to the contrary, as of the Second Expansion Space Termination Date: (i) the last paragraph of Section 2(b) of the Third Amendment is hereby deleted, and Tenant shall not be required to remove the Tenant Improvements (as defined in the Third Amendment) from the Second Expansion Space, (ii) Tenant shall not be responsible for paying any costs or expenses incurred by Landlord in connection with Landlord’s removal and disposal of such Tenant Improvements, nor shall the Security Deposit be subject to reduction on account thereof, and (iii) at no cost to Landlord, Tenant shall return to Landlord certain laboratory benches and other items identified in Exhibit 1 to this Fourth Amendment which were removed from the Second Expansion Space in preparation for Tenant’s occupancy. Any personal property of Tenant remaining in the Second Expansion Space after the Second Expansion Space Termination Date is hereby agreed to be abandoned by Tenant and may be disposed of by Landlord, in Landlord’s sole discretion.
9. The Landlord agrees to negotiate in good faith any documents or agreements that are required by the Tenant’s lender at any time and from time to time, including, but not limited to, a consent to removal of personal property from the Premises, where such personal property serves as collateral for the Tenant’s obligations under a loan agreement with the lender.
10. Removal of Personal Property. Any of Tenant’s Property remaining in the Premises after the date that is 30 days after the mutual execution and delivery of this Agreement is hereby agreed to be abandoned by Tenant and may be disposed of by Landlord, in Landlord’s sole discretion, without obligation or liability of any kind to Tenant.
(c) Removal of Personal Property. Tenant acknowledges and agrees that, without limitation as to Landlord’s right to declare Tenant a holdover tenant pursuant to Section 16 of the Lease and as to Landlord’s rights to exercise its rights as set forth in this Section 2, if Tenant fails to remove Tenant’s furniture, equipment, machinery, trade fixtures and other personal property in the manner required by the Lease on or prior to the Termination Date, any property of Tenant that is not removed from the Premises on or before the Termination Date shall be conclusively presumed to have been conveyed by Tenant to Landlord pursuant to Section 15(c) of the Lease. In addition, Tenant shall be required to remove all chemicals and laboratory waste from the Premises on or prior to the Termination Date. Tenant shall not be required to remove any Alterations (as such term is defined in the Lease) or other improvements in connection with its surrender of the Premises. Notwithstanding anything to the contrary contained herein or in the Lease, Tenant shall not remove (a) the personal property, fixtures and equipment (the “Landlord Personal Property”) sold by Tenant to Landlord pursuant to that certain Agreement, Bill of Sale & Assignment dated as of the date hereof (the “Bill of Sale”) or (b) the furniture, fixtures and equipment identified on Exhibit A attached hereto and incorporated herein (the “Remaining Items”). Effective on the Termination Date, Tenant hereby grants, assigns, transfers, conveys, surrenders and delivers to Landlord (in the same condition as existing on the date of this Agreement, ordinary wear and tear, casualty, and condemnation excepted), without charge, all of Tenant’s right, title and interest in and to the Remaining Items, and Landlord hereby agrees to accept and assume the Remaining Items.
4.Removal of Personal Property. (a)Tenant shall remove all of Tenant’s personal property (exclusive of any Cable which may be surrendered in its as is locations) from the Eighth Floor Premises prior to the Eighth Floor Termination Date. Any personal property of Tenant remaining in the Eighth Floor Premises after the Eight Floor Termination Date is hereby agreed to be abandoned by Tenant and may be disposed of by Landlord, in Landlord’s sole discretion, without obligation or liability of any kind to Tenant. (b)Tenant shall remove all of Tenant’s personal property (exclusive of any Cable which may be surrendered in its as is locations) from the Fifth Floor Premises prior to the Fifth Floor Termination Date, except for the personal property identified on Schedule 1 attached to the Bill of Sale and Assignment (as hereinafter defined), which shall be delivered to Landlord in substantially the same condition as such personal property exists as of the date of this Agreement and shall become the property of Landlord as of the Fifth Floor Termination Date. Tenant shall deliver to Landlord, prior to the Fifth Floor Termination Date, a Bill of Sale and Assignment in substantially the form attached hereto as Exhibit A (the “Bill of Sale and Assignment”). Within 30 days after the Effective Date, a representative of each of Landlord and Tenant shall conduct a walk-through of the Fifth Floor Premises and prepare a mutually acceptable inventory list of the personal property to be transferred to Landlord which will be attached as Schedule 1 to the Bill of Sale and Assignment.
3.Removal of Personal Property. As further consideration of Landlord's agreement to terminate the Lease, Tenant hereby sells, transfers and conveys to Landlord, and agrees to surrender with the Premises, on the Vacating Date (or earlier in Tenant’s sole discretion), the furniture and other personal property set forth in Exhibit A attached hereto and incorporated herein by this reference (the "FF&E"), free and clear of all liens. Upon request by Landlord, on or after the Vacating Date Tenant shall execute a separate bill of sale to Landlord or Landlord's designee confirming the transfer of all right, title and interest of Tenant in the FF&E, but failure to execute and deliver that bill of sale shall not limit the effectiveness of the conveyance provided for in this paragraph. Not later than the Vacating Date, Tenant shall remove all personal property and equipment remaining on the Premises other than the FF&E, in accordance with all applicable laws, at Tenant's sole cost and expense. Tenant shall vacate and surrender the Premises to Landlord no later than the Vacating Date in the condition required under this Agreement.
Removal of Personal Property: Seller shall have 45 days from the Closing Date in which to remove all personal or other property belonging to Seller not otherwise included in the sale of the real property from the Community Center, Pool Changing Room, Compound Area, Office and related areas and Space 14 of the Storage Building, and all other personal property not listed on Exhibit “1” to be attached.
Section 50. Consent to Removal of Personal Property. On or before the Substantial Completion Date and as a condition precedent to the occurrence thereof, Landlord shall deliver to Tenant and Tenant’s lender a Landlord-executed counterpart of the Consent to Removal of Personal Property in the form of Exhibit R hereto (or such other form reasonably acceptable to both Landlord and to Tenant’s lender requesting such form of consent).
3.3.Removal of Personal Property shall not affect the Purchase Price. The Seller may remove any Personal Property prior to the Closing Date and removal of such Personal Property shall not affect the Purchase Price. All Personal Property remaining at Closing shall be defined as Property.
11.3.2 Removal of Personal Property. All articles of personal property, and all business and trade fixtures, machinery and equipment, cabinet work, furniture and movable partitions, if any, owned or installed by Subtenant at its expense in the Premises shall be and remain the property of Subtenant and may be removed by Subtenant at any time, provided that Subtenant, at its expense, shall repair any damage to the Premises caused by such removal or by the original installation. Sublandlord may elect to require Subtenant to remove all or any part of the aforementioned property at the expiration or sooner termination of the Sublease, in which event such removal shall be done at Subtenant’s expense, and Subtenant shall at its own expense repair any damage to the Premises caused by such removal and/or installation prior to the termination of this Sublease and otherwise leave the Premises in the condition required pursuant to the Master Lease. Except as otherwise set forth in this Sublease, all articles of personal property, and all business and trade fixtures, machinery and equipment, cabinet work, furniture and movable partitions provided by Sublandlord, including the FF&E, shall remain the property of Sublandlord, and Subtenant shall not remove any of them from the Premises without the prior written consent of Sublandlord.
12.4 Removal of Personal Property. Tenant agrees that as at the date of termination of this Lease or repossession of the Premises by Landlord, by way of default or otherwise, it shall remove all of Tenant’s Personal Property to which it has the right to ownership pursuant to the terms of this Lease. Any and all such property of Tenant not removed by such date shall, at the option of Landlord, irrevocably become the sole property of Landlord. Tenant waives all rights to notice and all common law and statutory claims and causes of action which it may have against Landlord subsequent to such date as regards the storage, destruction, damage, loss of use and ownership of Tenant’s Personal Property affected by the terms of this paragraph. Tenant acknowledges Landlord’s need to relet the Premises upon termination of this Lease or repossession of the Premises and understands that the forfeitures and waivers provided herein are necessary to aid said reletting, and to prevent Landlord incurring a loss for inability to deliver the Premises to a prospective Tenant.
10. Removal of Personal Property. All articles of personal property, and all business and trade fixtures, machinery and equipment, cabinet work, furniture and movable partitions (collectively, “Personal Property”), if any, owned or installed by Sub-Subtenant at its expense in the Sublease Premises will be and remain the property of Sub-Subtenant and may be removed by Sub-Subtenant at any time, provided that Sub-Subtenant, at its expense, must repair any damage to the Sublease Premises caused by such removal or by the original installation. Sub-Sublandlord may elect to require Sub-Subtenant to remove all or any part of Sub-Subtenant’s, personal property at the expiration of the Sub-Sublease Term or sooner termination of this Sub-Sublease, in which event the removal will be done at Sub-Subtenant’s expense and Sub-Subtenant, prior to the end of the Sub-Sublease Term or upon sooner termination of this Sub-Sublease, will repair any damage to the Sublease Premises caused by its removal.
6.1.1 Maintenance of Improvements; Removal of Personal Property; Sale of Property: Encumbrance of Property. Seller shall maintain all Improvements substantially in their present condition (ordinary wear and tear excepted) and in a manner consistent with Seller’s maintenance of the Improvements during Seller’s period of ownership. Seller will not remove any Tangible Personal Property except as may be required for necessary repair or replacement, and replacement shall be of approximately equal quality and quantity as the removed item of Tangible Personal Property. Seller will not, without the prior written consent of Purchaser (which consent may be withheld in Purchaser’s sole and absolute discretion), sell, convey, transfer or permit to be sold, conveyed or transferred, or otherwise dispose of any item constituting a portion of the Property. Seller will not further encumber or permit encumbrance of the Property in any manner.
SECTION 26. REMOVAL OF PERSONAL PROPERTY 26.01 Global shall have the right at any time during the term of this Lease to remove its equipment, inventories, removable fixtures and other personal property from the Leased Premises. If Global shall fail to remove its property on or before the termination or expiration of the term of this Lease, SJTA may remove such property to a public warehouse for deposit or retain the same in its own possession, all without insurance, and sell the same at public auction, the proceeds of which shall be applied first to the expense of removal, storage and sale and second, to any sums owed by Global to SJTA, with any balance remaining to be paid to Global; but if the expenses of such removal, storage and sale shall exceed the proceeds of sale, Global shall pay such excess to SJTA upon demand.
18.02 Removal of Personal Property. Upon the License Termination, Licensee shall remove any Fixtures it may deem desirable, provided it shall repair any damage to the Premises caused by such removal. In the event Licensee does not remove its personal property from the Premises within ten (10) days after Licensee has vacated or abandoned the premises, then such property shall be deemed abandoned by Licensee and at Licensor's option, shall be conclusively deemed to have been conveyed by Licensee to Licensor as by bill of sale without any payment or credit by Licensor to Licensee; thus Licensor may dispose of the same without liability to Licensee, at Licensee's cost and expense. For this section "vacated" shall mean when Licensee gives Licensor the keys to the Premises, and "abandoned" shall mean when Licensee fails to open to the public the Premises for twenty (20) consecutive days.
6.1.3 Maintenance of Improvements; Removal of Personal Property. Subject to Section 6.2 and Section 6.3, Seller shall maintain or cause the tenants under the Leases to maintain all Improvements substantially in their present condition (ordinary wear and tear and casualty excepted) and in a manner consistent with Seller’s maintenance of the Improvements during Seller’s period of ownership. Seller will not remove any Tangible Personal Property except as may be required for necessary repair or replacement, and replacement shall be of approximately equal quality and quantity as the removed item of Tangible Personal Property.
(vii) Removal of Personal Property Liens. Seller shall have removed (or shall have sufficient payoff or other documents to remove such liens at Closing) all personal property liens which are related to the Facilities and the Facilities shall be free and clear of all liens, claims and encumbrances other than Permitted Exceptions.
(e) Removal of Personal Property. In the event of any damage to the Building or the Premises by any peril contemplated by this Paragraph 12, Tenant shall, promptly after the occurrence of such damage and at its sole cost and expense, remove from the Premises any personal property on the Premises belonging to any of Tenant, its agents, employees, contractors, licensees or invitees. Tenant hereby indemnifies, holds harmless and agrees to defend Landlord from any loss, liability, damage, claim, judgment, cost or expense (including attorneys’ fees) arising out of any claim of damage or injury in connection with such personal property. Landlord and Tenant agree that Landlord shall have no obligation to secure the Building or the Premises in the event of a casualty and that the risk of loss, by destruction, theft or otherwise, to the personal property of Tenant, its agents, employees, contractors, licensees or invitees shall be borne, as between Landlord and Tenant, entirely by Tenant.
(e) Removal of Personal Property. In the event of any damage to the Building or the Premises by any peril contemplated by this Paragraph 12, Tenant shall, promptly after the occurrence of such damage and at its sole cost and expense, remove from the Premises any personal property on the Premises belonging to any of Tenant, its agents, employees, contractors, licensees or invitees. Tenant hereby indemnifies, holds harmless and agrees to defend Landlord from any loss, liability, damage, claim, judgment, cost or expense (including attorneys’ fees) arising out of any claim of damage or injury in connection with such personal property. Landlord and Tenant agree that Landlord shall have no obligation to secure the Building or the Premises in the event of a casualty and that the risk of loss, by destruction, theft or otherwise, to the personal property of Tenant, its agents, employees, contractors, licensees or invitees shall be borne, as between Landlord and Tenant, entirely by Tenant.
28.06 Removal of Personal Property All property of Tenant removed from the Premises by Landlord pursuant to any provision of this Lease or applicable law may be handled, removed or stored by Landlord at the cost and expense of Tenant, and Landlord shall not be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord for all expenses incurred by Landlord with respect to such removal and storage. All such property not removed from the Premises or retaken from storage by Tenant within thirty (30) days after the end of the Term, however terminated, shall be conclusively deemed to have been conveyed by Tenant to Landlord as by bill of sale.
8.21 Removal of Personal Property. Borrower shall not, without Administrative Agent’s prior written consent (unless such consent is not required, as expressly provided in the Loan Documents), suffer, permit or enter into any agreement for any sale, lease, transfer, or in any way encumber or dispose of or grant or suffer any security or other assignment (collateral or otherwise) of or in all or any portion of the Property; provided, however, that Borrower, may enter into Leases in accordance with the terms and conditions of the applicable Security Instruments and contracts to sell the Property that are subject to an obligation to assume or pay off the Loan in full at the closing of same.
8.3 Removal of Personal Property. Borrower shall not, without Administrative Agent’s prior written consent (unless such consent is not required, as expressly provided in the Loan Documents), suffer, permit or enter into any agreement for any sale, lease, transfer, or in any way encumber or dispose of or grant or suffer any security or other assignment (collateral or otherwise) of or in all or any portion of the Property; provided, however, that Borrower, may enter into Leases in accordance with the terms and conditions of the Security Instruments and contracts to sell the Property that are subject to an obligation to assume or pay off the Loan in full at the closing of same.
“Removal of personal property” refers to the process or stipulation in a contract regarding the taking away of personal belongings from a property, typically at the end of a lease or following the sale of real estate. This term ensures that all movable items belonging to the tenant or previous owner are cleared before the property is vacated or transferred to the new owner.
You should use “removal of personal property” in legal documents and contracts in instances such as:
Including this term ensures clarity regarding the expectations for property clearance.
When writing a “removal of personal property” clause in a contract, it is essential to incorporate clear, concise, and comprehensive language. Here’s a basic example of how such a clause might look:
Removal of Personal Property: The Tenant agrees to remove all personal property from the premises upon termination or expiration of this Lease. Any personal property remaining on the premises after the Tenant has vacated shall be considered abandoned and may be disposed of by the Landlord at the Tenant’s expense.
Consider customizing the clause to fit the particular context of your agreement, specifying any deadlines, responsibilities, or consequences for non-compliance.
The “removal of personal property” clause is commonly found in several types of agreements, including but not limited to:
Including this clause helps to set expectations and responsibilities clear for both parties involved, reducing the risk of disputes over abandoned or leftover personal belongings.
Dive deeper into the world of clauses and learn more about these other clauses that are used in real contracts.
A "Right of First Offer to Purchase" clause grants a party the initial opportunity to negotiate the purchase of a specified asset before the owner offers it to third parties. If the parties cannot agree on terms, the owner is then free to seek other buyers.
A savings clause is a provision in a contract that ensures the remainder of the agreement remains enforceable even if one part is found invalid or unenforceable. It serves to preserve the integrity of the contract by allowing it to function to the greatest extent possible, notwithstanding the invalidated sections.
A severability clause ensures that if any provision of a contract is found to be unenforceable or invalid, the remaining provisions will still remain in full effect. This clause helps preserve the overall integrity of the agreement by allowing the enforceable sections to stand independently of any invalidated sections.
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