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Lease

Chicago, IL |

We had signed a lease for the cell phone accessory stall at the mall for 3 years. Our lease is going to expire at the end of May 2013. We didn't get any renewal notice from the mall. The mall headquarters has decided that our lease cannot be extended. The primary reason given is there are 3 more cell phone accessory stalls in the mall now and they can't have these many cell phone accessory stalls. However, We were the first ones at the mall and after a year there have been 3 more cell phone accessory stalls at the mall. How can we extend the lease and not be kicked out of the mall?

Attorney Answers 2

Posted

Your landlord is under no obligation to renew or extend a lease. Moreover, your landlord doesn't need a reason not to extend the lease.

DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.

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4 comments

Asker

Posted

So there is no way we can stay at the mall and not get kicked out? Can we do any legal proceedings to fight for this?

Brandy Ann Peeples

Brandy Ann Peeples

Posted

Look to the terms of your lease and see what it states about renewal. Sometimes, the burden is on the tenant to write a letter requesting an extension. If you don't request a renewal, or if your lease doesn't contain a renewal provision, then a landlord doesn't have any obligation to renew your lease. Simply put, you can't force someone to rent to you. You have no rights in the rental premises beyond those provided by your lease. Your lease is also commercial..and commercial leases are typically subject to fewer restrictions than residential leases. So, the short answer is no...absent renegotiating a lease with your landlord, you'd likely not prevail in any court action.

Asker

Posted

That's okay, they are renting other cell phones accessory stalls operator without giving chance to us. We are also interested to lease. we are the only competitor and they are negotiated with competitor, which will create monopoly in the mall, the people will have to more prices for the product. Why we should not have primitive right, we are doing the business without any violation. Is there any law to support to our business.

Alexander Mchenry Memmen

Alexander Mchenry Memmen

Posted

How is this not getting through to you? They don't have to rent to you. It is both fair and legal. If they don't want to rent to you, they don't have to. That simple. Make them an offer to extend the lease. If they say no, find a new location.

Posted

You cannot extend your lease without the agreement of your landlord. Before you decide to hold over without a lease, you should read the terms of your lease agreement, rental may be extremely high if you hold over. Fair? Maybe not. Legal? Yes.

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