Legal Question in Real Estate Law in Virginia

Owner of Strip Mall bans customers from my store

I am the owner of a Coffee House and have recently found out that the owner of the mall has banned customers from the entire mall. One of the people banned had spent appox. 350.00 a month in my store. the lawyer I spoke to says that it's only 2 people and it's not a big deal, I feel that only 1 person banned from my store is a big deal. The owner of the mall says if I don't like it, I am free to leave, unfortunatly, I have invested appox. 25,000 into the building (electrical,plumbing,ect) that I will need to re-invest in another store. Please let me know if I have a leg to stand on legally, for if I can not win legally, I am going to close my store for moral reasons and I will live with the loss. Thanks.


Asked on 3/19/98, 11:31 am

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

Banning your customer from mall

It depends on the terms of your lease and themall's rules and regulations. Were you a tenant on property with no lease terms other than those implied in law, there would be an argument that by leasing you space that can't be accessed except by crossing the landlord'sproperty, you have leased an easement by necessity for you and your invitees to access the space. But that is most certainly not thecase. You are subject to a mall lease that gives the landlord tremendous rights (I've litigated cases involving mall leases, so Iam very familiar with them), and almost certainly incorporates rules and regulationsthat the Mall can change from time to time asthey see fit. So unless you can convince themor a court that their conduct was a breach ofyour lease (which MAY be interpreted as requiring them to act reasonably), you have noclaim. Why do they say they excluded these people?

Also, you cannot simply pack up and leave. Youhave a lease, presumably, which will requireyou to pay rent for the space for the rest of the lease term, whether or not you are in there. So you will lose more than your fixedcosts in the event you shut down "for moralreasons."

Read more
Answered on 3/25/98, 9:15 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Virginia