Q: We are a small retail food business selling non cooked foods. We have been in business for three years and are thriving.
Problem is, we have introduced a new product that does not violate our lease or lease rider but another retail tenant opposes our right to sell our product. We have just learned that the type of product we sell violates a clause between the landlord and the other tenant BUT does NOT violate our agreement with the landlord. The landlord wants us not to sell the product but it is a good money earning product for us. While I believe we can sell our product legally and according to our lease agreements, our lease is up in a few weeks and we would like to know if the landlord could deny us a new lease legally based on their wanting us to leave our new product behind (not sell). What are our options and are we entitled to a new lease (signing) without bending to lanlord’s strong arming?
A: It would depend on the terms of your lease. The two issues are whether the landlord must offer you a new lease at all, and whether this issue you are raising is relevant.
Jack Mevorach agrees with this answer
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