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I have a question. We own a small soap, candle, and body…

Customer Question
Hello, I have a...

Hello, I have a question. We own a small soap, candle, and body care store. Long story short, we keep our door open to entice customers and it has always helped. We have one customer after 2 years complaining that the smell is overwhelming and prevents he and his elderly mother from being able to visit the post office which has a door right next to ours. He is threatening to call his attorney if we don't "shut our door".

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

TX

Lawyer's Assistant: Has anything been filed or reported?

Nope, he just called the landlord to complain I just want to know what the law would be

Submitted: 10 months ago.Category: Business Law
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Customer reply replied 10 months ago
Good evening Keith and Mark,
I received a phone call today from a gentleman named Will ( I was driving and didn’t get his last name). He is saying he and his elderly mother frequent the post office next to your store and that you keep your door open and the aroma from your products is so overwhelming that both he and his mother (who both have severe sensitivity to odors) are overcome and nauseated and that since they have no other way to get into this post office they are asking that you please close your doors. I explained that the lease doesn’t give me the authority to tell you to close your doors. There is a section in the rules and regulations about allowing offensive odors out of your store but offensive is subjective. When I told him I would have to review the lease but that I didn’t think I would be able to help him he said he would go to his attorney. I’m not sure what his attorney could do but I wanted you to be aware if you aren’t already. He says he has spoken with the store in the past and with the previous ownership of the center. He is supposed to call me again tomorrow and I will ask for his contact information. Please advise as to your stance on this. thanks,
Tim Stinneford
Senior Property Manager
Answered in 46 minutes by:
10/5/2017
Business Lawyer: Thelawman2, Attorney replied 10 months ago
Thelawman2
Thelawman2, Attorney
Category: Business Law
Satisfied Customers: 2,518
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Hello, my name is ***** ***** I will be helping you today.

There are public nuisance laws that allow someone to sue when there is "a condition that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities attempting to use and enjoy it."

However it sounds like this person does not have "ordinary sensibilities" since they are the only ones complaining thus far, and as your landlord stated, this is extremely subjective and probably would never be able to found as a nuisance in a court. Additionally, I'm guessing it is a little bit of an overstatement that they have no other way to get to the post office, so their use is not being substantially interfered with.

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