we signed a 5 years uniform rental and cleaning service contract in 2010. Now, 2016 they want us to sign another contract but we don't want to sign another contract, we want to end the contract, and they don't allow us, saying it is autorenewal, unless we cancel 90 days before the other contract end. Is this legal? They didn't tell us it is automatic renewal before.
Response 1: Yes, it is legal if your contract has that provision of cancelling within 90 days of the expiration of the contract or the contract renews automatically. However, if you never received a copy of the contract when you signed it in 2010, you cannot be held liable to that cancellation provision. You can thus refuse to renew the contract without any penalties. If the company files lawsuit against you for refusal to renew, you can use nonreceipt of the old contract at the time of the signing as a valid defense because you must be given a copy of the fully signed contract immediately after the parties have signed it.
They send us the old contract, which has the auto-renewal clause in there. Is this legal?
Response 2: See my previous response. Time to have been a copy of the contract was in 2010 when the contract was signed.
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