Rental Agreements: Can Beauty Shop Owner Close Shop Mid-Lease

lundi 17 novembre 2014

My question involves landlord-tenant law in the State of: Virginia



Hi, everyone.



I'd like to understand the options that my mother (and the other 4 or 5 hairdressers) have in a disagreement with their shop owner / landlord. The situation:


  • In June of this year, my mother and ~4 other hairdressers entered into a "booh rental" lease with a very wealthy individual. Terms of the lease, generaly speaking:


    • Duration is 52 weeks

    • Shop owner is to provide a receptionist, a cleaning person to constantly sweep hair etc, a clean and cordial environment, wi-fi, climate control, etc

    • Hairdressers are to pay weekly rent for a workstation in the shop (called a "booth"), on time. First week after payment is due, payment can be made + a 50% late charge. Beyond that time, the person will be kicked out.




  • The shop owner leases space in a shopping center. In the terms of that lease, the shop owner is responsible for maintenance and replacement of mechanical systems (surprising to me). Both A/C and heat units need to be replaced at a cost of $10K.

  • The shop owner has decided that the "beauty shop business isn't for him", and has verbally issued the following ultimatum. "By the end of the year, either:


    1. you hairdressers need to buy me out (amount TBD), and take over the lease to the building...I've already cleared it with the leasing company, or

    2. I'm going to close the doors to the shop."




  • There is nothing in the booth lease that gives either the hairdressers or him a mechanism to exit the lease early






Questions that come to mind:


  • Advice on how the hairdressers should proceed? They would be proactive about just finding another place and moving out, but are concerned that THEY will have consequences for breaching the lease contract early.

  • If he shuts the doors to the shop, what remedy do the hairdressers have in court? What financial responsibility does the shop owner have?

  • One thought that I had was that if he issued the ultimatum in writing, then the hairdressers could safely move out. My theory (non-legal) is that any judge that's sane would view that as a fair action under the circumstances.

  • Anything I don't know enough to ask, but should know?






Thanks in advance!

Jim





Rental Agreements: Can Beauty Shop Owner Close Shop Mid-Lease

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