Owner of bar needing advice of leased cafe owner drinking on the job?

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Owner of bar needing advice of leased cafe owner drinking on the job?

My husband and I are purchasing a historic bar in a couple of weeks. There is a cafe attached that is leased out. The tenants have their own liability insurance and employees but the equipment belongs to us as the owners. The tenants frequently are drinking at the bar during their working hours. Is this legal and/or do we have the right to add into their lease that this behavior is unacceptable and will void any lease agreements?

Asked on June 26, 2018 under Real Estate Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It is legal in the sense that there is no overriding law against people drinking on the job. It can be prohibited by a lease, however.
You can't change the lease until it's current term or period of time is up--that is, until it expires. Until expiration, the lease remains in effect as is. Once it expires, however, you can propose changes to the lease; if the tenant will not accept them, the tenant can be evicted; and if the tenant accepts them, then the tenant is held to them (since a lease is a contract) and so could be evicted if they are violated.


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