I own a fitness club in a retail shopping center and I'm currently behind on my rent. I pay every month, just not the full amount...business has been bad due to the opening of two new clubs within a mile of mine.
I found out today that the landlord has approved another "fitness" center to lease space in the same center. I own an Anytime Fitness, the club coming in is a UFC gym. The UFC gym specializes in classes, specifically kickboxing, but they do offer general aerobic classes. Also, according to the website they offer personal training which is my second largest revenue stream.
In my lease is the standard non-compete clause for only one fitness center in this complex.
My question is this: Does my being behind on rent give them the ability to skirt this clause? Does my past due rent mean that I originally broke my lease agreement and therefore have no room to argue?