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  1. #1
    Join Date
    Sep 2010
    Posts
    1

    Default Non-Compete As Part of Rental Agreement

    My question involves business law in the state of: Massachusetts

    There are multiple parts to my question.

    I am a subcontractor to a business currently rents a room within another business. We are not the same industry as they are. The business I am a subcontractor to had a no-compete clause as part of the rental agreement. This expires on December 31st.

    Because the space has proven detrimental to our business, we have decided to move into another business across the hall. We have been informed we are being taken to court to stop us from moving within the building.

    Firstly, can we terminate our contract early because they are creating an untenable situation?

    Secondly, will the no-compete clause be invalid as of December 31st when the contract expires?

    Thirdly, as a sub-contractor who did not sign this agreement, am I still forced to follow this no-compete?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Non-Compete As Part of Rental Agreement

    Your not liking the terms of the lease you signed isn't of itself a basis to escape the lease.

    I can't read the lease or noncompete clause from here, so I can't tell you its effect. Run it past a lawyer.

    I doubt that the lease would bind you as, from what you've said, you're neither a signatory nor are you part of the business that signed the original lease.

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