Legal Question in Business Law in Arizona

Product and Services
Ladies and Gentlemen,

I recently added a Salon/Hair Styling section to my Health and Beauty store. The landlord came in yesterday and said we would have to remove it because it was against the terms of our lease.

The lease reads (exactly) as follows:

A. USE OF PREMISES

Tenant shall occupy and use the premises solely for the retail sales of health and beauty related products and no other use.

My question(s) are:

1. Isn't hair care a beauty related product? (Product being a result of human effort).

2. Isn't this clause in the lease rather vague and open to a very broad definition of what relates to ''health and beauty related products?

Thank you,

Asked on 5/04/06, 3:38 pm

2 Answers from Attorneys

James Jenkins Jenkins Law Center PLC

0 users found helpful

0 attorneys agreed

Re: Product and Services

This is my personal opinion. I do not find the clause in your lease to be ambiguous, nor cosmetology services to fall within "retail sales of health and beauty related products." Cosmetology is a licensed, regulated service.

Is there a salon already in the center? They probably have a clause that no other competitor is able to conduct hair styling. If not, you might negotiate something with the landlord to expand, open a full shop with a sign, etc. Otherwise, I think the landlord will prevail on this. See an attorney to review the entire lease, not just this clause.

Answered on 5/05/06, 11:15 am

Mark as helpful