Legal Question in Business Law in Ohio
Legal proximity of similar businesses in a strip mall
I am looking for a law against allowing a business to move into a strip mall which already contains an business of the same kind (in this case, hair salons.) Are there any laws against this?
2 Answers from Attorneys
Re: Legal proximity of similar businesses in a strip mall
There is no Ohio law stopping someone from opening a competing salon near you. Otherwise you could never have a McDonald's next to a Burger King or Wendy's. My suggestion would be to check your lease for any remedies.
Good Luck
Gregg Manes
Re: Legal proximity of similar businesses in a strip mall
Generally speaking, there are no Ohio laws preventing two similar businesses from operating in close proximity, as in your example, in the same strip mall. There may be zoning requirements or other municipal restrictions on where a business may be located (For example, no bar located within so many feet of a school).
Typically, the type of restrictions you are describing are sometimes found in the lease agreement negotiated between one business tenant and the strip mall landlord. The landlord could agree not to rent space in the same strip mall to a similar or competing business -- but that would be the subject of a negotiated lease, not Ohio law.
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