here is my question, i am in the state of florida, i signed a lease for a dollar store and closeout store. I have no restrictions in my lease. I am allowed to sell anything a dollar or closeout store sells. 6 wks after i signed my lease my landlord calls me up and told me that I did not tell him I was selling food and that had already given the gourmet market an exclusive on groceries and that I would not be able to sell them. I told him that you did not ask me or tell me about any exclusives and you did not tell me about any restrictions in my written lease and that I was going to sell the groceries. I also told him that I was selling everything that a dollar store sells. I have taken and developed 60 pictures of food that is in 4 different dollar stores in the area. He is now refusing to turn over the space to me. He also has two tenants doing their buildouts in there without a c/o on the property but is not letting anyone else do any work because he says he does not have a c/o, that is discrimination under the lease. I do not want a buy out, I have actually filed a lawsuit for specific preformance so he has to give me the space. I feel that the landlord should give me the space and handle this mistake with the other market. He really has no case against me I feel since I have no restrictions and I would not have signed my lease if he would have told me before hand. I feel the judge will rule in my favor and give me the space. My lawyer says the same thing and about 5 other people I have spoken to feel the same way. Just wanted another opinion. thank you
