Legal Question in Landlord & Tenant Law in Missouri

commercial leasing

we are a small business owner in a plaza, selling

beauty supplies and other fashion items. We have

recently found out that the leasing office as lent out

space that sells the exact same ''fashion items''.

Although we are exclusive in beauty supplies, in our

contract we listed those ''other items'' as part of our

sales. and felt that it was wrong for them to have let the

other tenants in without getting our consent first. As a

leasing office, wouldn't they want to promote/protect the

business rather then put them into competition? are

there any rules regarding this? should'n't they talked to

us (the owner) before allowing similiar stores to come

into the same plaza? do we have any legal rights here?

their answer to our complaint was they did not know

and didn't think it would cause any problems. they also

mentioned that it's too late to do anything since they

already signed the contract with the other tenants and

gotten their deposit.


Asked on 11/24/03, 4:06 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: commercial leasing

Your rights, if any, are in your contract where you signed your lease. If that lease gives you exclusivity, then you have rights to stop this. You can sue for "specific performance" under your contract and obtain an injunction to stop the other store.

On the other hand, if you do not have exclusivity rights in your contract, and it was just an "understanding" without having anything in writing, that is a much tougher case.

I would urge you to contact an attorney dealing in business disputes. If you need someone in the Kansas City or St. Louis area, please let me know and I will be happy to refer you.

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Answered on 11/24/03, 5:45 pm


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