Has The Property Owner Waived a Lease Clause?

Nobody says he has to inform him right away to stop selling those items. In fact, the landlord probably felt that it was not worth arguing or fighting about so he just ignored the lease violation. However, it has now become a problem. Figure - a complaint was lodged by the grocer - justified by the way. So, stop selling those items. You are a coffee shop. Likely, your business is described on your lease as a "coffee shop". Further, your probably incorporated as a "coffee shop", right? Coffee and related items, right? Either do as you were told - remove those items or expect to be evicted. In direct answer to your question - NO, he did not waive the lease clause. You specifically said that "This is in his lease" - that you can sell coffee and related products, nothing else.

No, the owner has not waived the clause, he just chose not to enforce it, but is free to enforce it at any time. Thus you must comply. Sorry.

You might want to keep the cooler and rethink the definition of coffee related products that might serve the same purpose of you preset inventory. For example now a days coffee bars make all sorts of things that taste nothing like coffee and since milk is involved in most drinks, you could offer flavored milk products and teas in small containers at a high profit margins with draw being the cool container the child will prefer.

The owner/landlord has the right to enforce the provisions in the written lease, even if they have previously chosen not to enforce those provisions.

To say it another way - the clause in the lease is not nullified or waived just because it wasn't previously enforced.

"Has the property owner granted waiver by ignoring the sales of the cooler items in the past?"

You mean a permanent, forward-looking waiver? No. The landlord has a right to enforce the contract and there is no provision in the contract that addresses or grants a waiver.

There's a pie shop on the block where I work and when Starbucks moved in six months ago, the pie shop had to stop selling espresso. They are still allowed to sell regular drip coffee and those smart kids always offer to steam the milk. If your friend thinks outside the box they may find an alternate solution.

No, he has not waived anything. That he chose to not enforce that clause until a different store arrived means nothing. Your friend got away with it for two years. That time is now history.

There is a competition clause in the contract that prevents two stores in the same strip mall from selling the same products. Your buddy needs to read his lease.

These are pretty common for strip malls and, more than likely, this is all correct.

if the limit is not in the lease and this practice has been going on for 15 yrs the landlord cannot force him to stop selling those items, the mere fact of the time this has been allowed to operate creates a foundation for the practice

the landlord is having to appease the new grocer tenant and he can't legally do it

No the property owner hasn't granted him a waiver of the lease terms. It juts never mattered before, so he never enfoced it.

If you have proof that the landlord USED the additional services and product, and thus "approved" of them, you may have a valid case of waiver, even if the contract has a specific "non-waiver" clause. Actions sometimes speak louder than words. Your attorneys can advise you on local case on point.

It was not in competition until the grocery store moved in and complained.