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Ask Tina Your Own Question
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I'm a Dentist Privale practice owner San Antonio Texas. I

Customer Question

Hi..I'm a Dentist Privale practice owner San Antonio Texas. I lease space in a strip Mall. I am oldest tennant...of 14 years. My 1st Lease was a 10 year. I had a noncompitition clause in lease. Upon time to sign new lease.....I was threatened by Landlord that he would double my lease amount per month If I didnt let another Dentist move in right next door to me! (In an empty Bank) There are several empty spaces in the center....and The landlord is not providing Surrounding anchor or subanchors. I had no choise but to close or move which is extremely expensive. Now....4 years out I am losing business since Corporate clinic came in...and businesses continue to go out of business in shopping center. I have witnesses to this office manager....ex-wife. Do I have a case against them?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Texas
JA: Has any paperwork been filed?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no...I think that says it
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  P. Simmons replied 3 months ago.

Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 3 months ago.

I am sorry for this dilemma. But not sure I understand your specific question. Are you asking if you can sue them for allowing another dentist in the mall?

Customer: replied 3 months ago.
they placed me under duress....threatening me that they were going to double my lease amount if I didn't forgo my noncompete clause....and let competition come in next door to me. Now over a 4 year period my income is down 50%, and there are businesses going out of business and too many empty spaces...(overdevelopment)...I feel they are responsible for my business failing
Expert:  P. Simmons replied 3 months ago.

Did your first lease have a "renewal" option (where you would be entitled to the same provisions of the original lease with the new lease)?

Customer: replied 3 months ago.
is this a legitimate complaint for suit for damages and loss of business...loss of personal and business income...unfair business practice in fair dealings?
Expert:  P. Simmons replied 3 months ago.

Can you speak on the phone? This would allow me to address your concerns directly. There is a nominal ($5) additional charge. I do not time my phone calls...we can converse until you receive the information you need.

If you are unwilling to speak on the phone I will opt out of this question and allow others to assist, if they are willing.

Customer: replied 3 months ago.
I believe so.....not sure....but I can check
Customer: replied 3 months ago.
I can speak on phone for $5 (###) ###-####
Expert:  P. Simmons replied 3 months ago.

It seems your payment failed. Not sure why...but customer service at 1(###) ###-####can help (though I think they may not open for another 45 mins)

Customer: replied 3 months ago.
says it cant process my $5 payment now....same card
Expert:  P. Simmons replied 3 months ago.

I understand. Again, I am confident that customer service can solve this.

Customer: replied 3 months ago.
I still paid $36 and still dont have answer
Expert:  P. Simmons replied 3 months ago.

I will opt out to allow someone else to assist you. I wish you the best

Customer: replied 3 months ago.
opt out?
Expert:  P. Simmons replied 3 months ago.

I have opened this up to allow other experts to assist...if any are willing, they will reply here.

Again, if you want to contact customer service and fix the payment issue, I am happy to continue on with you