Business Lease Question . How should I handle this situation?

I own a boutique that sells jewelry, handbags, soes, and other related items. It is in my lease that I can sell these items and is worded the same. When I signed my lease, I asked about being exclusive. My landlord said that it would not be in the lease but is implied based on seniority. For example, if I started selling cookies the bakery next to me could tell me not to and if I din't listen, tell the landlord to have me stop. I have been in the present location for a year. My store name is Cat's Accessory Boutique. When I moved, there was an appliance store, fitness center, resturaunt, doctor, bakery, salon. Two months ago, the appliance store moved and their location was recently leased. Imagine my surprise when I cam to work today to see a sign saying coming soon "preowned retail boutique". I would imagine they have preety much the same things that I sell because I have added some clothing to my inventory. The only difference is it is preowned. Should I complain?

You can complain, but if you don't have an exclusivity clause mentioned explicitly in your lease, I'm afraid you won't have a leg to stand on if it ever goes to court.

absolutly!! they have no right to do that , the landlord, and it is not fair. that is crap.

No, run with it......they will be advertising to get started and you will benefit.....make your shop more welcoming...have better window grabbers etc..

When I hear "preowned retail boutique", I think nothing more than a thrift shop or flea market. I don't see this as being anywhere close to your type of shop. I basically imagine junk.

You can complain, but the likelihood that this will help the situation is not very good. If the lease does not specifically say you have exclusive rights, then you have no real legal recourse. I would suggest going to the landlord and asking if he knows what type of business this new place will be doing. Perhaps the name is somewhat misleading and it won't be competing with you at all. If it doesn't compete, there is no problem. If it does compete, perhaps mentioning that this may cut into your business, and mention that you were under the impression that based on seniority, you would not have to compete with another business in your market. Going in asking questions rather than complaining will make it more likely that the landlord will accomodate you.

It seems to me that you would have the same right to complain as the bakery would if you started selling cookies. But I do think that if your stuff is new and they will be selling preowned then I don't really think you would have the same clientele. You are more likely to get business from people who go into their shop and can't find what they want than they are to take your customers. Just make your shop look more appealing.

A boutique is a boutique, preowned or not. I would definitely speak to the landlord about it but since it's not in writing, I don't think you have much of a legal action. Especially if the landlord denies ever having that conversation with you in the beginning.