A landlord entered into a lease of one of his shopping center spaces to an office supply/stationery store which was also a smoke shop and gift store. The lease provided the landlord would not rent any of the premises to a tenant "for the purpose of carrying on a business similar to that of the tenant." The landlord leased to a Supersave Drug Mart which sold stationery, tobacco products, prescription drugs and health and beauty aids. The original tenant sued for breach of the covenant. Has there been such a breach?

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The Answer of A landlord entered into a lease of one of his shopping center spaces to an office supply/stationery store which was also a smoke shop and gift store. The lease provided the landlord would not rent any of the premises to a tenant "for the purpose of carrying on a business similar to that of the tenant." The landlord leased to a Supersave Drug Mart which sold stationery, tobacco products, prescription drugs and health and beauty aids. The original tenant sued for breach of the covenant. Has there been such a breach?

A Landlord Entered into a Lease of One of His