Exclusivity clause in lease

Own a hair salon in Hayward ca have a exclusivity clause to be the only hair salon
in the complex about 2 years ago a nail salon started cutting hair contacted the
landlord many times with no resolve. Having a hard time making it so would like to
sell the business but every interested buyer points out there is another salon cutting
hair wonder what recourse I have against the landlord. Have three years left on my
lease landlord wants to charge me 3 months rent to get out of my lease early Iam a
single mom so any help would be greatly appreciated
Thanks
Julie

Asked on June 23, 2016 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can sue the landlord for breach of contract: to recover compensation for losses the violation of the exclusivity clause cost you, such as a relatively certain or provable loss of income. You can also very likely use his material (significant) breach of the lease as grounds to treat the lease as terminated and moclve out without penalty. You have enforceable rights based on your lease; you should speak with an attorney (e.g. a landlord-tenant attorney) about vindicating your rights).


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