Breaking Dish-Is Sean Diddy Combs suing his Sean John store landlord during a recession?

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According to an article by AOL Small Business, Sean Diddy Combs may be suing his landlord to break out of his store lease. Folks are debating if Sean should sue his landlord during a recession or wait it out. His audience simply lost their credit card privileges. I hear guys saying they had as little as $2000 debt in credit card bills, paid their bill and their credit card company cut their cards. Others may have missed one payment and their minimum payments doubled. No credit, no shopping for many clothing consumers because if one has cash they’ll blow it like Drake, sings on his latest hit, Money to Blow. Of course, Sean John is going to lose revenue like any other clothing line, but it doesn’t change the quality of the line that I am sure will survive the storm because men like to look good for their ladies.

Personally, I think Sean Combs should take his loses and move his clothing line into a mall. Being super rich ain’t everything. A yacht for weekend family fun, adequate educations for his kids, security and a house away from the hustle is all these celebs need to get by, but when you make that much money before 40 in ones life time it becomes addictive. We forget he has a Ciroc beverage and cologne line… all smart investments.

As far as the location of his store, scaffolding does distract consumers. By New York shopper standards, you are where you shop. To see his new fall collection all the crave if you can get into his store without all that construction work outside, visit www.Seanjohn.com. . Sean John is one of those clothing lines you can sell anywhere and folks will buy. Wish Sean Diddy Combs the best with this one.

Again, no one wants to lose revenue, but to acvhieve as much as this one man who is a baby in business, no one cares if he is Forbes material. In fact, folks really want him to reconnect with the streets that made him and just go back to producing music… that’s his own. Who said, Diddy’s Hip Hop reign is over. I can listen to all of his old stuff today and it blows a lot of this hodge podge gimmicky music away. He even knows quality rappers like Rick Ross whom I said is the next Biggie Smalls eventhough this rapper refuses to fill those shoes, so I will be that authority to tell those who have been hypnotized by sabotaging conglomerate media to support Sean Diddy Combs new album, Dirty Money when it lands. When one door closes another opens or perhaps an old door reopens. Sean Diddy Combs lifeline is his music and his sponsored celebrity parties he’s been throwing since his days as a student in Mount Vernon High! My last advice, “Never travel too far away from your number one dream!” -HC

Here is an excerpt of the article:

Sean “Diddy” Combs ended 2009 with a bang: by slamming the landlord of his Sean John store in New York City with a $2.5 million lawsuit and demanding he be released from his lease. The problem? The building’s ugly (and allegedly customer-deterring) scaffolding, installed in 2006, has marred the entrance to his 3,500-square-foot upscale shopping destination, causing an extreme — near 50 percent — drop in sales.

No matter whose side you’re on (blaming your landlord for crashing sales during a recession vs. enduring more than three years of an eyesore in front of your retail location), the issue raises an important question for business owners: When you and your landlord don’t see eye to eye, is suing your only option?

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Absolutely not, says Duncan Gratton, partner at FHO Partners, a commercial brokerage firm in Boston. In fact, he says legal action should only be pursued as a last resort. “Lawsuits are expensive and time consuming. They can easily take the tenant’s focus away from his or her primary job of running a successful business.”

Luckily, there are clear-cut and logical steps every entrepreneur can take to avoid a lawsuit in the first place.

Know your rights. Read the lease agreement very carefully, line by line. What does the lease specify regarding your issue? It’s important to understand not only your obligations as a tenant, but also the landlord’s. Before approaching the landlord with a problem, make sure it really is the landlord’s problem. “If the tenant demands something from the landlord that the lease clearly places on the tenant’s shoulders, the tenant loses credibility with the landlord,” says Adam R. Nelson, attorney and director at Thompson McMullan P.C. in Richmond, Virginia.

Be proactive. Talk to your landlord about the issue — perhaps the roof is leaking, the parking lot has potholes that need to be fixed, an air-conditioning unit requires repairs or, in Diddy’s case, a wall of scaffolding has overstayed its welcome. Have a conversation and try to resolve the problem in a reasonable and productive manner. “The attorney should only be needed in extreme situations,” says Gratton. “Most day-to-day disputes can be resolved without getting a lawyer involved.”

Keep emotions in check. It’s important to remain reasonable and calm when dealing with the landlord — even if the landlord is in the wrong. Doing so allows you to think clearly, stay in control of the situation and keep that line of communication open, which is a critical component to getting what you ultimately want.

Put everything in writing. Even if your conversations with the landlord seem friendly enough, make sure to put everything in writing. That way, you can reference back anything that was said and ensure all parties involved are holding up their end of the bargain. If the situation turns awry and results in a lawsuit, you have a paper trail to stand on. Check your lease for specific details regarding how and where written communications should be sent.

Do not withhold rent. Taking matters into your own hands will only weaken your position. “This can lead to a default and the loss of certain tenant rights such as sublease rights, expansion and renewal options, and termination options,” says Gratton. “Let the legal process play out and don’t take unilateral action that could hurt your case for resolution down the road.”

Besides, as Nelson explains, “Most commercial leases require the tenant to pay rent even if the landlord is not doing what the landlord is supposed to do, so do not stop paying rent without asking a lawyer whether the tenant is permitted to do so.”

Seek legal advice. If your landlord refuses to correct the problem, you should seek legal advice for “guidance and intervention short of a lawsuit,” says Nelson. The attorney can review your lease agreement, contact the landlord on your behalf and, hopefully, settle the dispute and avoid the emotional and financial toll of a lawsuit.

The statistics are on your side, after all: “In my 30 years of experience in the commercial real estate brokerage business,” says Gratton, “I can think of only one or two disputes that resulted in lawsuits.”

The information in this article is for informational purposes only and does not constitute legal advice.

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