Ending a commercial tenancy (see details)
March 3, 2011 9:31am CST
I started a business in September 2010, I entered into a 12 month contract with the letting agent. However, due to the fact that I now need to be a carer for a relative, can no longer work there. I spoke with the letting agent, however all she told me was that I have a legal and binding 12 month contract and that I HAVE to pay the rent until the end of August 2011. I would like to know if anyone knows a loophole in the law, or any way of being able to come out of a contract before it runs out. I thought that, considering the circumstances there would be something along the lines of 'compassionate grounds' for me being able to come out of the contract. Any sensible help would be greatly appreciated. Thank you.
3 Mar 11
Check the fine print of your contract to see if there are any legal means of ending it early. Secondly, ask a real estate lawyer, they would know better than anyone else if you could end it or not. It's only 5 months away, I wonder if you could find someone to take over running the business so you could take care of the family member. If you could, then you'd be ok until the lease ran out. Otherwise I'm at a loss as to what to suggest to you.
5 Mar 11
Thank you, that's a very good idea. (Thank you to everyone else for your responses too). It turns out, the contract wasn't legal and binding in the first place, it stated it was for an 'office', when they were clearly informed it was for a 'salon' and the signatures were witnessed by the letting agents Dad.
1 person likes this
3 Mar 11
You are stuck I am afraid. There is no way out other than the landlord taking sympathy on you. The agent is quite correct. If you have signed you are bound. If you are allowed to sub-let you may be able to get someone else to cover the rent and then take the lease on themselves. We had all of this a couple of years ago when one of p1kelet's houe mates did a runner. Look at it the other way. If you had an agreement to give someone a massage every month for a set price and then they said that they wanted to pull out you'd not be very happy. Can you juggle your caring with the business? Even if it is only to cover the rentc until September?
4 Mar 11
It is exactly a diffcult situation for you to handle. As others mentioned , what you have to fo for the time being is to draw your particular attention to fine print. Maybe you can find sth along the lines of an exemption from your obligation under the lease contract. However, I must say that exploiting the loopholes is not good deeds derserving strong recommendation and imitation. A chinese saying goes well " A guy who fails to keep promise can not be trusted"!
• Boise, Idaho
4 Mar 11
Sensible? Doesn't sound like this was set up sensibly to begin with. However, since you have probably read the small print I would wonder if this place has any problem such as sewage, damages or anything like that you can work off of. But if the place is being lived in and for this long it doesn't seem like it. Getting out of a contract unless is done under deress or something of that nature is very hard to do. Your 'compassionate grounds' probably won't hold water. I would say, unless you luck out and either the small print holds promise or something is wrong with the premises, you are out of luck!