Your Wonders About Fitness Plaza
Steven asks…Attempting to break my business commercial lease….good reasons I think…?I rented some commercial space for my fitness business in March 2010. I already have a very stable fitness business in a nearby city that I have had up and running since 2008. I wanted to expand and branch out to a different city (about 30 miles south of where my 1st business is), hence I signed a lease with a company for one year from March 2010 to March 2011.
I had a very difficult time in the beginning from the landlord obtaining the space and it seemed like there was always a reason they did not want to rent to me, etc. I know the real reason they did not want to rent to me because this used to be a huge, profitable plaza with many chain stores in it like Circuit City etc. The plaza probably has at least 25 store fronts, but only has about 7 tenants now including myself. Now since the plaza had been desolate for some time, I didn’t offer them nearly as much as they were asking. That was their decision to accept my offer or not, but the way I looked at it, at least someone was in there paying the light and gas bill, etc. They accepted my offer…they wanted $6000a month for 6500 square feet of commercial space in an empty plaza. The place that I rented had been sitting vacant for over 2 years. I was upfront and honest and told them what I could afford. I offered them $1,400 a month on a 1 yr lease. They accepted, but it seems like they have been mad with me ever since and knit picking about everything. They sent me delinquency letters when the windows aren’t clean and had the audacity to tell me they did not like my business hours. They were getting the outside of the building painted up by where they business name goes. Now I started off with a banner (and they oked this) until I decided if I was going to stay there another year. My banner/sign was the only one taken down and wasn’t replaced and they said they have no idea where it is. So basically it looks like there is no business there because I don’t have a sign up anymore to identify where by business is located. It has been down for over a month.
Now when I was first trying to rent there, the landlord told me that Weight Watchers (who is also in the plaza), had to agree to let my fitness facility come to the plaza, because WW and the landlord feared that I would be doing the same type of business? It took me two months to explain that I am an exercise facility, and that WW does not offer exercise and that I would not be selling supplements and food etc like WW does. Verbally the landlord stated that he would not allow any two types business to come into his plaza that were alike. Like I said I am a fitness facility (step aerobics, stability balls, weights, jump ropes, straight cardio, nutritional planning, etc). I had a decent clientele built up (not where I wanted it to be, but enough to cover the bills). In August 2010, the landlord allowed and actually opened up a gym in the plaza about 10 doors down from me! Since then my business has dwindled down to nothing and I can’t afford to pay the rent or bills. I see most of my clients going to this gym. I am not mad at the gym, but the landlord. I’m current on my rent, but I don’t feel this was right. This kind of goes against everything that was told to me in the beginning. Why would he allow a gym to open up in the same plaza? When I asked him about it he said, you guys don’t offer the same service! OMG! But he made me jump through hoops about Weight Watchers! I am ready to pack up my bags and not pay him another dime for December, January or February. Should I write a letter asking to be let out of my lease, or what is your opninion or advice? BTW the gym rates are $19 a month, but they stick you in a two yr contract and my rates are $65 a month for all the services we offer. Who do you think people are going to? Like I said, I can’t compete with that, but I think the landlord was dead wrong and I’m ready to go and quit wasting my money!
I need your opinions or advice..should I write a letter asking to be let out of my lease? If they say no, I still think I have grounds to get out of my lease…Drae answers:I don’t suppose you talked to an attorney before you signed this lease…? If not, now is a good time. Even an hour of a good business attorney’s time could save you a lot of headache. You can find out what your options are. A commercial lease is a binding contract, and you need expert advice.
If you think you don’t want to spend the money, ask yourself what massive aggravation (beyond what you are currently experiencing) will do to your productivity and effectiveness. Or what your peace of mind is worth.
I tell my entrepreneurship students, “the only thing more expensive than talking to a lawyer is NOT talking to a lawyer.”
Good luck–your landlords sound like jerks.Charles asks…Truck Broken into at 24hourfitness?Ok here is the situation that I am in. I parked my truck in the plaza where I went into the 24 hour fitness. I believe that 24 owns most of the parking lot but I am not sure. There are other stores who put up signs and other things for their parking only. Ow yeah this is at around 12:18 to 1:45 in the AFTERNOON!! There are no signs posted saying that they are not liable for anything that happens in the parking lot. I parked about 45 yards away from the front door. They have two cameras but were not pointed at my truck. They were only pointed at the front door and some of the cars in the parking lot. I also installed a Viper alarm (viper only offers a one year policy on their alarms) at Best Buy about 3 years ago and the alarm didn’t go off at all. The criminals popped off the outside lock and ransacked my truck. I need to know what I can do if anything to make any of these companies pay for the damages to my truck. I ned to know what i need to know or find out and