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I own a hair salon and I have a hair stylist that rents a chair.

We have a contract that...
I own a hair salon and I have a hair stylist that rents a chair. We have a contract that states she responsible for the rent until the end of the lease term which is a year. She pays on a week to week basis for rent. That doesn't mean the contract is week to week if the agreement is a year lease correct?
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5/3/2009
GWarren For Business & Nonprofits
Category: Business Law
Satisfied Customers: 355
Experience: 30 yrs Counsel, AVP Corp Governance Fortune 100 finance/ins, Nonprofit Bds, law firm. OH NJ license
Verified
Thank you for contacting justanswer.

You are correct that if the term of the written and signed contract is for a period of one year, even though the stylist lessee pays for the use of the chair on a week to week basis, the lessee's obligation would typically be for the entire year stated in the contract.

Typically the contract would spell out the rental obligation for the entire year and then specify the weekly payments (or is your acceptance of payments made weekly an accommodation to the lessee outside of the contract?). There are ways to ensure there is no misunderstanding in that regard, such as for the convenience of the lessee payments may be made on a weekly basis, however, if the contract is clear as to the annual lease of the chair that should be fine. If the contract is ambiguous, however, as to the annual lease arrangement that could be construed against you as the lessor offering the lease contract.

If you would like to paste the terms of the contract in a reply, I would be pleased to review it and provide any additional information that may be helpful to you as the lessor. Is the lease signed at this time by both parties or still in negotiation?
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Customer reply replied 8 years ago

It states the lease begins 8/26/08 and ends on 8/26/09. Tenant will pay rent in advance on the Tuesday of each week in the amout of $150. Tenant will pay the renatl amount for the entire term of the lease.

 

This is a contract that was already negotiated and signed by both parties. I had two contracts. One goes over the rent, how its paid, late fees, damage to the property etc..and on the second page under termination it states the following: This agreement and the tenancy hereby granted may be terminated at any time by either party hereto by giving to the other party not less than sixty days prior notice in writing.

 

The second contract states what I had written in the first paragraph and on the last page says: ENTIRE AGREEMENT: This is the entire agreement between the parties. It replaces and supersedes any and all oral agreements between the parties, as well as any other prior writings.

 

Does this mean she would be responsible for the rent for the term of the lease as stated and the other contract with the 60 day notice is void? Both contracts were signed on the same date.

Thank you for your reply and the additional detail.

Yes and the notice period would be subject to reasonable interpretation, which typically may be 30 days under the law of Connecticut unless you can introduce the earlier 60 day notice agreement to interpret the second contract as follows:

Typically the contract you reference as the second contract indicating that the contract constitutes the "entire agreement" would be a clause at the conclusion of a written agreement. If the second contract states that it is the entire agreement between the parties, includes all the terms of a written contract (lease term, price), and does not specifically reference and include the first contract, it appears the second contract would replace the first.

You do not indicate that the second contract was noted in any manner as an addendum to the first contract or further referenced the first contract for inclusion in the second contract. It therefore appears based on your statements that the second contract and its terms would be the entire agreement as to the lease arrangement, apparently without any reference to the 60 day notice (and the rental terms if not stated in the second contract would be subject to reasonable interpretation).

The first contract would be replaced by the second and may only have possible application if a dispute arose as to the reasonable interpretation of the second contract and it may then be possible to inject the earlier first agreement to help address that interpretation.

If you would like further information or clarification, please let me know. If an attorney prepared both contracts you may want to consult with that attorney in the event of any dispute regarding the terms of the agreement with the stylist lessee. If you need another local lawyer to review and compare the separate agreements to assist the interpretation, you can contact the local bar association lawyer referral service to identify and interview lawyers as to their experience and fees in similar situations.
GWarren For Business & Nonprofits
Category: Business Law
Satisfied Customers: 355
Experience: 30 yrs Counsel, AVP Corp Governance Fortune 100 finance/ins, Nonprofit Bds, law firm. OH NJ license
Verified
GWarren For Business & Nonprofits and 87 other Business Law Specialists are ready to help you
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Customer reply replied 8 years ago
thank you very much for your help!
You are welcome! Best wishes with your business and the chair lease arrangement.
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GWarren For Business & Nonprofits
GWarren For Business & Nonprofits
GWarren For Business & Nonprofits, Attorney
Category: Business Law
Satisfied Customers: 355
355 Satisfied Customers
Experience: 30 yrs Counsel, AVP Corp Governance Fortune 100 finance/ins, Nonprofit Bds, law firm. OH NJ license

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