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Richard, Attorney
Category: Business Law
Satisfied Customers: 55608
Experience:  32 years of experience practicing law and a businessman.
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I have an independent contractor who is opening his own salon

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I have an independent contractor who is opening his own salon and has solicited six of my independent contractors while still under our lease agreement see below: What are my options? Can I ask him to leave now because of the disturbance to our business?

SECTION 4.9 – Sublessee will not, directly or indirectly, solicit any employees or other independent contractors of Allure Salon & Spa during the term of this sublease and for a minimum of one year after the expiration or termination thereof.

Good morning. You can do two things...i) you can immediately terminate his rights and cause him to leave; and ii) you can also file a civil suit against him for any damages you suffer as a result of his breach of Section 4.9 in the event any of your employees or other independent contractors leave as a result of his solicitations.



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Richard and 3 other Business Law Specialists are ready to help you
Customer: replied 6 years ago.
How do I go about terminating his rights? Shall I write a certified letter citing his breach? Is there a form I need to complete?
You can send him a certified letter demanding he leave immediately. Since this is a commercial lease, rather than residential, he doesn't have the protection afforded residential tenants. If he does not leave when asked, you can lock him out and call the sheriff if he attempts to enter thereafter.