These are sometimes buried under topsoil from years of non-use, in which case it will probably be frozen and inoperative anyway.

Otherwise the ground is too frozen to pound a wooden stake into it!

Since then, I have been completely paranoid about frozen pipes.I would proceed with the eviction, but also offer the tenant some cash to move out now.

I give them my business card/get their name and phone# and ask them to keep a watch on the property..One neighbor called me late one cold winter night to say she heard/saw water coming from vacant property...Yep, frozen pipes burst!

here is part of the proposal:STORE SIZE & LOCATION:The demised premises will consist of approximately 2,000 square feet.Said premises to be located in the Shopping Center as shown on the attached site plan.LEASE COMMENCEMENT:Upon mutual lease execution and Landlord’s delivery of the demised premises.TERM:The Term of the lease shall consist of a period of ten (10) years commencing one hundred twenty (120) days from the date Landlord notifies Tenant that the premises are ready for possession or upon opening for business, whichever date shall first occur.RENTAL: Tenant shall pay Rental during the first year of the primary lease term an amount equal to $31.00 per square foot on a triple net basis.Tenant’s annual rent shall escalate at the rate of three percent (3%) per year.Said Rental will be payable in equal monthly installments.OPTION TO RENEW:Tenant shall have one (1) five (5) year option to renew this lease.The Rental in the first year of the option period will be three percent (3%) greater than the rent in year ten (10) of the primary lease term.Annual Rental shall escalate at the rate of three percent (3%) per year.PROPOSED USE:A first-class frozen soft-serve yogurt operation similar to other Frozen Yogurt locations and for no other purpose (to be further defined in lease).ADDITIONAL CHARGES:REAL ESTATE TAXES:Tenant shall be required to pay its pro rata share of real estate taxes and assessments on the land and improvements on the shopping center site, estimated to be $1.25 psf.INSURANCE:Tenant shall be required to pay for its pro rata share of fire and extended coverage insurance on the building, estimated to be $0.29psf.COMMON AREA MAINTENANCE:Tenant shall be required to pay for it’s pro rata share of Common Area Maintenance costs, estimated to be $2.44 psf.LIABILITY INSURANCE: Tenant shall provide liability insurance in keeping with the requirements of the Landlord and/or Landlord's mortgagee.STORE FINISHES:Landlord will deliver the demised premises to the Tenant with RTU’s in good and working order but otherwise in “As-Is” condition.All improvements will be at Tenant’s sole cost and expense.SIGNAGE:Tenant may use its logo and colors for said Signage on the fascia of the said premises as long as it is subject to the Landlord’s sign criteria and governmental agencies governing the project.SECURITY DEPOSIT:A Security Deposit equal to $2,500 is due upon execution of this Letter of Intent.

I thought I read on here that its a common best practice to get rid of external hose bibs, you just can't trust people to not leave a hose on it and give you frozen pipes.

Look at that no extra income statement.I bet there is money to be found it just might be things deemed essential that at closer glance may not be.The 120k student loans are those frozen currently or are you paying on them??

I would do an analysis of ALL the frozen yogurt and ice cream shops in the area within a 1 to 2 mile ring radius to see saturation levels versus population.32 a sq ft is extremely high and likely is an inflated pre-recession lease rate.

This mitigates a market melt down.. you have a loan on a MFR that is due in 5 to 7 years and we are in a pronounced down market with credit slow or frozen.. you could face foreclosure just like what happened in 08 to 2011.. even cash flow properties were lost because of balloon payments..  

I would like to add that the gutters are frozen.