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Protecting Your Leasehold: Keeping Competitors at Bay

By Suzanne Ilene Schiller
September 22, 2003

It is happening more and more ' anchor stores going dark and landlords scrambling to fill the void. Unfortunately, in their zeal to relet, often landlords offer their empty spaces to prospective tenants who will change the structure of the center and compete with existing tenants. This article will discuss several bases upon which tenants may be able to rely to prevent a competitor from moving in, quite literally, next door.

Exclusive Clauses

By far the most obvious and oft-cited protective device for tenants is an exclusive clause. An 'exclusive' generally provides that the tenant, and only the tenant, may sell specified items or services. How broad or restrictive the clause is will depend on the relative negotiating power of the landlord and the tenant, and range from the very strong to the very weak. The most potent clause will preclude the landlord from allowing any other tenant in the center from selling one or more general categories of items; a more limited clause will allow another tenant to use only a percentage of floor space to sell competing items.

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