Can a sublessor change the terms of a sub-lease mid-contract?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a sublessor change the terms of a sub-lease mid-contract?
I am an independent contractor in a day spa. I have a 1 year lease agreement with which I am 6.5 months in. She recently wrote a memo that we have to sign saying that we will no longer except credit card payments unless they are processed on her machine. In my existing contract it states that I may have my own credit card machine which I have been using. She charges us 4.75% to use hers and my company charges me 2.75%. Is this legal?
Asked on October 12, 2010 under Real Estate Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
You have an existing contract which allows you to have your own credit card machine with your company. The sublessor cannot interfere with the terms of your contract. The sublessor cannot alter the terms of your lease prior to the end of your one year lease term.
You could sue the sublessor for interference with contract for her requiring you to sign the memo and only use her credit card machine.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.