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CalAttorney2
CalAttorney2, Attorney
Category: Business Law
Satisfied Customers: 10238
Experience:  I am a businesses law attorney, with experience advising and representing owners and investors.
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I have physical Therapy office and it was accountant side to

Customer Question

I have physical Therapy office and it was accountant side to side door with me. ou give me rights The accountant moved from the place and I called Land lord and I told him , I need to rent this office also to have wide size and expand my business , starting January , he saide but the place almost rented , contract was not signed yest , I asked what kind of buisness , he said Occupational Therapy , I told him this is a conflict of interest because it is considered Rehab service and I told you this can affect my buisness and I am in this place for one year now this means I am doing free marketing for him and In our lease you give me the ights to sublease for Ocupational Therapist Or Medical Doctor ,As I am old tenant needs to expand , my buisness , I need to rent this office to attach it by one door to my office to avoid affect my business .If the land lord refused to give me the lease and give it to another Tenant what the action should be takeh to prtect my buisness because if this happened may be I will be unable to pay lease .
Submitted: 1 year ago.
Category: Business Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

If your lease actually has an exclusivity clause in it that prevents the landlord from leasing to an occupational therapy business, you can sue the landlord for breach of contract.

However, for this to work, such a clause must be very specific - exclusivity clauses are generally very narrow and would limit only direct competition, not just competition from the same type of business (for example: a clothing business will generally be able to secure an exclusivity clause for a specific brand, but will not be the sole purveyor of clothing in an entire complex).

It is very important to have the specific language in your contract (not just that clause, but the entire lease) reviewed by a local attorney prior to engaging in litigation (think of this as squeezing toothpaste out of the tube - once it is out, it is impossible to get back in - you want to make certain that you are on the right side of the contract before filing suit).

You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.

Customer: replied 1 year ago.
It is mentioned that I have rights to sublease for OT , and I did an agreement with one OT to start in new year
Customer: replied 1 year ago.
This means it is going to affect my clinic
Expert:  CalAttorney2 replied 12 months ago.

Having the rights to sublease for OT is not the same as an exclusivity contract.

You can contact a local attorney and have them review your lease to see if perhaps there is another angle that they can help you work (sometimes there is something that an attorney can identify that may not be apparent in the documents that can be useful or helpful - but on its face, the clause you have identified is not going to help, unless you have an exclusive right to sublease, a right of first refusal, or some similar right).