Thursday, May 17, 2012

Small business rights

Small business rights.
When you're a small business, do you have more or less rights than the big box stores? If you own two business, do your rights double? If you're a sole proprietor does that mean you have less rights than a business with an LLC?
Recently a friend rented a space on a corner lot in a small town in Southwest Missouri. She was so excited to have the space she wanted with the light streaming in. Less than a month later, she got neighbors on each side of her, with her in the middle.
It soon became clear that they wanted to run her out so they could have her space. They started out by having the storage area she was given taken away.
It came down to numbers and money. They brought in double the rent so it appeared the landlord was making concessions to them. As soon as the weather warmed up, they opened up their ice cream store and put their tables in front of my friend's windows. If that wasn't enough they decided to start having "garage sales" on my friend's sidewalk, to bring in more business. The final straw came when my friend was hosting an event at her place of business and placed a table outside on her sidewalk that she rents, just as they do. Her neighbors started a scene, demanded it be taken down and ended up throwing it.
At this point you wonder, why are they so territorial? My friend called the police to help settle this as she was also concerned at how violent and in your face this had gotten. When the police officer showed up, he listened and proceeded to tell her that times were hard and to share the space. My friend doesn't mind sharing the space, if they would let her use her space in the first place.
When does it become right for one small business to push out another? Why would the landlord not set the rules on outside usage? Why would the landlord not abide by the lease-where it states tenants agree on shared outside space?
According to Missouri laws, when you rent a space, you also rent the parking and sidewalk usage as well.
Why can't the ice cream shop put their table in front of their own store instead of infringing on my friend's place of business?
When someone threatens you and you damages your stuff, why aren't the local police doing anything about it? Why did they refuse to let her file a police report?
The last straw was when my friend was in a session with a customer and the neighbors bared in screaming and yelling with obscenities thrown out . My friend had no choice and contacted a lawyer who drafted a letter to the landlord asking for her rights to use part of the outside space.
She got her response yesterday, you're out of your lease, move.

My friend put a lot of time and money into renovating her store and now the landlords will profit from it, and they know it. Where does it become fair in business to not abide by rules? Does a handshake mean anything anymore?

Sometimes in life you just want to cry. Unfair! Not Right! Why me?



Old Glory ice cream shop and Old Glory Antique shop in Southwest Missouri and Teresa's Photoworks. The small building nestled in is the photography studio, hard to see when her signage is blocked.