What to do if my leased business property is being posted by another person doing it using my business name?

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What to do if my leased business property is being posted by another person doing it using my business name?

I lease a building that shares a parking lot with another building that is owned by a different owner then my building. The owner from the other property came into my business and started yelling at my customers to not park in front of his building and then the next day I came in to find he had posted signs on both of my dooors informing my customers to not park in front of his building or they would be towed and then signed it at the bottom with the name of my business. What recourse do I have if any?

Asked on June 27, 2012 under Business Law, Idaho

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You could contact the police: he has committed one or more of trespass (coming onto your property without permission, or remaining there after you--presumably--told him to leave), vandalism (posting signs on your property) and/or identify theft (claiming to be you in signing under your businss's name). While it's not clear the police will arrest him this first time, you can and probably should create a record of his actions; also, the police may speak to him to explain that this is not the right way to resolve disputes.

If you suffer any loss (e.g. loss of business or customers) due to his action, you could potentially sue him for tortious (or wrongful) interference  with economic advantage to recover the loss.

If the parking spots are all common spots, he has no right to restrict your customers from using them, though as a matter of courtesy, you might want to put up your own sign (written and approved by you) asking your customers to not park in front of your neighbor when possible. Doing so would also help you if litigation does not ensue, by showing you were taking reasonable steps to defuse the situation.


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