Legal Question in Landlord & Tenant Law in Illinois

Unfair leasing

We have a coffee store in a shopping mall. The landlord allowed a competing coffee business to open directly across from us. They are about 15 feet directly in front of us.

Although our lease does not have any clauses preventing the landlord from doing something like this, it is ethically wrong and it will hurt our business very much.

The landlord has a responsibility to maintain an even playing field for their tenants. In this case, unneccesary and unfair competition has been generated for no reason than to fill a vacant space.

The landlord new very well this new tenant would directly compete with us and cannibalize our sales.

Is there any legal remedy? Unfortunatly our lease does not protect us, but this seems like a blatantly wrong thing to do and very irresponisible by the landlord. Is there anything that can be done?

They are refusing to relocate us or lower our rent to compensate for this unfair competition. Is there anything protecting us? I feel as though our right to be good tenants has been violated. Our business may fail now because our landlord let in a tenant too close.


Asked on 4/19/08, 7:35 pm

1 Answer from Attorneys
Mary McDonagh McDonagh-Faherty Law Offices

Re: Unfair leasing

I do not believe you have legal grounds to stand on. As a business professional, you are usually held to a higher standard than the average residential lessee and you failed to cover yourself by contract. That is why it is vital to hire an attorney to negotiate contract terms. Not nice does not equal not legal.

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Answered on 4/21/08, 2:13 pm


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