Legal Question in Business Law in Massachusetts
I am a small business owner in a strip mall.
My lease specifically states that my business, music instruction,
has the exclusive right to operate in this mall without competition
from the other small businesses.
A new business is openly advertising for music instruction and my
landlord will not take action.
What recourse do I have?
2 Answers from Attorneys
You should take your lease agreement to an attorney for review.
If your landlord is breaching your lease, you should send written notice to him or her immediately and demand that they come into compliance.
Your next move will somewhat depend on your lease agreement. If you like your space, and you are a good tenant, perhaps you could renegotiate a lower rent payment as a result of the increase in competition.
Take your lease to an attorney to review and then let him outline your optiions in detail.
You or your attorney should demand that he not permit the new tenant to provide or advertise music lessons.
Options include an action for damages, negotiating lower rent or removal or prohibition of the other Tenant from providing music lessons.
Please feel free to contact me without obligation.
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