There are many incentives that a commercial landlord may provide to convince a potential retail tenant to lease space in its shopping center. Sometimes, the landlord will budget a certain amount of money for the benefit of the tenant to use to “fit out” the space. Other times, the tenant will be provided free rent for a period of time during the term of the lease. And, in some situations, the landlord will agree to include a restrictive covenant in the lease that will prevent the landlord from leasing other space in the shopping center to any of the tenant’s competitors.
In Dollar Tree Stores v. Holiday Supermarkets, 2013 Phila. Ct. Com. Pl. LEXIS 457 (Dec. 31, 2013), Philadelphia Court of Common Pleas Judge Patricia McInerney issued a memorandum opinion explaining why such a restrictive covenant precluded a landlord from continuing to lease space to another tenant in a shopping center.
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