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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118722
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Lease had been refused based on competitive fear of current

Customer Question

Lease had been refused based on competitive fear of current tenant. Tenants lease does not address competition of so called "like" business.
Tenants says nothing that prohibits
new "like" business.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Whether the tenant's lease has a non-competition clause or not, it is up to the landlord to decide who they want to rent to or not to rent to and as long as they are not excluding you based only on your disability/age/race/sex/national origin, there is nothing unlawful about them denying someone a lease because they do not want a competitive business in their same building. From a business perspective of the landlord, this makes sense too, because if a similar business comes in and hurts business of the existing tenant then they could default on their lease or if the new tenant cannot compete with the existing tenant they could default on their lease, so there is a business reason for this even if it is not in the lease specifically.