If I’m a massage therapist who booth rents, is it legal for the owner to collect rent and percentages from sales?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I’m a massage therapist who booth rents, is it legal for the owner to collect rent and percentages from sales?
I pay twice the amount of any other spa in a 50 mile radius. Percentages are taken out of gift cards. Sometimes equaling more than the weekly rent alone.
Asked on June 11, 2015 under Real Estate Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
It's legal if that is the agreement you entered into with the landlord, since there is no law saying that "rent" can't be or include a percentage of sales. If you have an oral/verbal lease, or a written month to month lease, even if that was not the original agreement, the landlord could on a month's notice have started requiring you to pay in this way, since oral/verbal or otherwise month-to-month leases can be changed on 30 days notice. Your best recourse may be to look for different space.
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.