denying space

I signed a lease with my landlord on Sept 1, 2000 and on September 14th signed an addendum adding space to the space. I have no restrictions on my lease. My permitted use is for a dollar and or closeout store. The landlord made a grave error and gave the gourmet market an exclusive for groceries but had me sign my lease without any restrictions and did not tell me orally or written. If I had been told I would never had signed my lease. The landlord has refused to finish building my space and is refusing to hand over the space that is legally mine. He has told me he will re rent it to someone else and he does not care about what a judge will say. I want the spot and I want him to hand the spot over. He says his defense is that I did not tell him that I am carrying groceries and the only way he will turn over the space is if I say I will not sell groceries. I told him I am selling everything that a dollarstore sells and food is a major part of this. I am taking him to court for an injunctive relief so the judge will turn over the space to me. What do you think will happen. The state is Florida.

[HomeGuru]

Judge will want you to mediate and settle. Possibly order a renegotiation of your lease to exclude food at a reduce rent in exchange for completion of the space.

I am not an attorney but I am afraid home guru is right. Mediation will be ordered. Mediation may not be successful it is up to you.


I think you have grounds for compensation, but I also believe the judge will most likely try to hit an even ground if mediation is not successful by ordering your money to be paid back and you going elsewhere for your business.

I do believe that you should be successful at getting maybe some monetary compensation for you loss of variety for sale in your business but if mediation is successful you would have to give because he screwed up and can not break one contract signed prior to yours to meet the contract signed at a later date with you.

I suspect mediation is your best shot. Your choices should be a refund and possibly monetary gain for your loss of time and you move on your way elsewhere, or refuse to agree at the end of mediation and let the judge tell you that you get your money back and possibly loose any monetary compensation.

I suspect that is the way it would go down in either option.

Hope this helps

Wg

so you don't think in anyway that a judge would say that ignorance is not a defense and that you signed him to a lease you must up hold it and that the food that is being sold in a 99 cent store is not going to effect the food in a gourmet market. I am planning to fight to get the store. It is very hard to find a good space and this is a very good one. Plus I have a 5 year lease with 2 five year options at a very good rental. Can't the judge allow me to go in there and let the other tenant take it up with the landlord. Again state of florida. Also what are the consequences to him if he re rents the space before my contract is voided and damages given to me by a judge. He says he is going to re rent the store and there is nothing a judge can do to stop him. Thanks

[Edited by lbrown6857 on 11-18-2000 at 06:52 AM]

[HomeGuru]

To Whom are you addressing your post to, HomeGuru or Wgoodrich?

to whomever has an answer to the question would be nice. thank you. They have been unwilling to sit down and mediate many people have told me the judge will order them to give me the space because I have a legal lease? How strong of a possibility in the state of florida is that?

They are like either no groceries or no store do not care.

[HomeGuru]

What does the last sentence mean?

The last sentence means that if I do not give up groceries they will not give me the store even though i have a legal contract with them and they do not care what a judge says.

The grocery store does not want a dollar store in the center the part about the groceries in my opinion is a sham. He does not want a dollar store in the same center as his upscale market. Isn't it very possible a judge will not take away my potential livlihood and make him obey the lease. Because the only one who gets hurt if i do not get the space is me. I don't have a store, i don't have a job and I don't have a location and I did not do anything wrong here. It was the landlord's ignorance that forced this situation. Please give me your opinion homeguru

[HomeGuru]

You need to hire an attorney to review your written lease to make sure that there are no restrictions as to what you can sell. You may have to sue L for breach of contract and specific performance in order to have your space completed and delivered to you. The grocery store will sue L once you open for biz and start selling food items. That is what L is trying to prevent by trying to ice you out. The store is probably one of the anchor tenants that pays the most rent so L figures it is better to keep the big tenant and let the small one go.

Home guru I have hired an attorney and he says I am 100% in the right the permitted use of the lease exactly says Retail "dollar" store and for no other purpose whatsoever. Tenant shall have the exclusive right to operate a "dollar store" or "closeout store" The landlord never asked me for specifics in what I was selling nor did he tell me about any other items that I can not sell. He says because I did not tell him that I was selling groceries I can not sell them. I told him then according to my permitted use what can I sell, he said "sundries" I said to him but that is not in my lease. You are right he screwed up royally and is trying to appease the bigger tenant but according to my lease and many people I have spoken with the landlord according to the law will lose the case for specific performance and be forced to give me the space. Do you agree with that statement by reading the permitted use clause in the lease. Thank you. Home guru

[HomeGuru]

Yes I agree, that pursuant to that language contained in the lease, you are allowed to sell various goods and sundry items generally associated with a "dollar and/or closeout" type of retail store. Since there is no specific language or listing stating specific product exclusions, my opinion is that you are allowed to sell almost anything you want to.
There are 2 issues to consider with respect to the type of goods that you can sell.
1) Any and all products that a typical dollar or closeout store would sell. 2) any and all goods that would be considered "dollar and/or closeout" items. The loophole and strategy for you is that you may compete with any shop/retail establishment at that shopping complex if whatever goods you sell is considered closeout items. For practical purposes this would include food items, hardware, health products, shoes, toys, CDs, computer stuff etc.
When I write commercial leases for tenants and landlords, I always make sure that there is a non-compete exclusion clause ie. tenant may not sell anytime type of food items including but not limited to canned, dry, refrigerated/frozen etc. and tenant is aware that there is anchor tenant XYZ Grocery Store that may only sell those items.

As far as we see on the lease there is no non compete clause and anyways the total amount of space i would be giving it would be about 10-15% of the store. I would imagine that would not apply in a noncompete clause. What is your imput home guru. Everything I am selling is in a major dollar store chain, dollar general, family dollar and dollar tree.

[HomeGuru]

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