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I am a manicurist and I need help with getting out of my…

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I am a manicurist and...
I am a manicurist and I need help with getting out of my lease my clients have stop coming because of the environment of the new location. They all don’t like the atmosphere. It is very loud and unprofessional they have sent me emails in reference to there displeasure in the location. Also I have been slander by the administrator in front of clients band staff. I sent the owner an email requesting a termination of my lease . Please review my email and let me know how I should respond
Submitted: 3 months ago.Category: Real Estate Law
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1/4/2018
Real Estate Lawyer: Loren, Lawyer replied 3 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 37,318
Experience: 30 years of real estate practice experience.
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Do you have a written lease? When does it expire?

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Customer reply replied 3 months ago
I do as an independent contractor and it expires in October
Customer reply replied 3 months ago
This is a screenshot of the email I sent to the owner and this is here response
Shareese
I’m not sure I fully understand where there is fault on my behalf that would allow you to break your lease. However, you are free to do what you like. With that being said, you have a financial obligation towards Crown that will need to be met before you are legally out of your contract.
I have noticed that you are not there to receive new clients as well. I have been there for a few days this week and last and I did not see you. So as far as you not gaining new clients through Crown which was discussed previously I can totally understand that due to your lack of presence.
Again, you are at will do leave, just know that there is a financial obligation that I will see is met.Kristen LaFell, Owner
Real Estate Lawyer: Loren, Lawyer replied 3 months ago

Thank you for the additional information.

If the landlord is not providing a proper and reasonable environment for doing business then you may be able to assert a breach of contract. The law says that a party in breach is estopped from enforcing the contract they are breaching. So, file a demand letter that they observe the obligations in the lease or you will treat it as a major breach and sue them. In the course of the suit you should be able to leverage a settlement which terminates any further obligations.

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Customer reply replied 3 months ago
Ok the environment is not Specifically defined in the lease however the contract states that all issues will be solved in arbitration
Real Estate Lawyer: Loren, Lawyer replied 3 months ago

Then you will have to arbitrate.

You can also try to negotiate an exit with the landlord or walk away and hope they relet the premises quickly.

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Customer reply replied 3 months ago
My issue is with the statement of the financial obligation. So even if we have to go to arbitration can she sue me or withhold my belongings
Customer reply replied 3 months ago
I will send you a copy of the lease
Real Estate Lawyer: Loren, Lawyer replied 3 months ago

ok

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Real Estate Lawyer: Loren, Lawyer replied 3 months ago

If you fail to establish a breach by the landlord then you could be liable for damages if you terminate before the end of the term.

That is why you need to make sure you comply with the lease regarding a demand for cure and notice.

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Customer reply replied 3 months ago
These are pictures of the lease
Real Estate Lawyer: Loren, Lawyer replied 3 months ago

Make sure you comply with the notice provision in Par 23.

What would you like to know about the lease?

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Customer reply replied 3 months ago
What’s the notice provisions. Basically what I can do to get out of it and what will happen if we go to arbitration
Real Estate Lawyer: Loren, Lawyer replied 3 months ago

If you go to arbitration you will need to present a claim for why the landlord is in breach and why your lease should be terminated without liability.

Try first to negotiate an exit or find a new tenant.

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Customer reply replied 3 months ago
The place is very unprofessional
My clients have sent me emails in regards ***** ***** unprofessional environment and I have sent them to the owner. Also the manager has been slandering me in front of staff and clients. Is that enough for a claim. Also I don’t think anyone would meant to rent from them the environment is not conducive to anything but there selected market
Real Estate Lawyer: Loren, Lawyer replied 3 months ago

If the manager is slandering you then you may have a claim to assert for defamation. Actually, you would start with a cease and desist letter to anyone making these false accusations.

If this does not get a retraction, you will need to file suit for defamation. This cause of action is specifically for damage caused to one's reputation. To establish a prima facie case of defamation, four elements are generally required:

1. a false statement purporting to be fact concerning another person or entity;

2. publication or communication of that statement to a third person;

3. fault on the part of the person making the statement amounting to intent or at least negligence (the person knew the statements were false or exhibited a knowing and reckless disregard of the truth or falsity of the statements when making them); and,

4. some harm caused to the person or entity who is the subject of the statement.

This involves complex litigation and it is strongly advised that you retain local counsel to assist you in protecting your rights before taking any action in court for this matter. Also, any cease and desist letter will carry more impact on attorney letterhead.

If you want to send your own cease adn desist letter, here is a link to a template you can modify for your own situation:

CEASE AND DESIST

If you need assistance in finding an attorney, contact your state or local bar association. You can also try Martindale Hubble. Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database of attorneys searchable by location and specialty.

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Real Estate Lawyer: Loren, Lawyer replied 3 months ago

The defamation claim may be a strategic way to leverage a release from the lease.

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Customer reply replied 3 months ago
Also I just read that my room has to have non Porous flooring and the room I am renting was originally a kids room and not a rental space I provided everything in the space as far as furniture and decor and painting. However by state law I have to have non porous flooring so could that be a case. The manager was calling me nappy head and making very negative comments about the way I was raised to clients and staff . I heard her saying these things however I seriously doubt she will admit it nor will the staff
Real Estate Lawyer: Loren, Lawyer replied 3 months ago

Send a demand letter and sue for breach. The defamation is an additional claim you can bring to put more pressure on to release you from the lease.

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Customer reply replied 3 months ago
How would I go about doing this
Real Estate Lawyer: Loren, Lawyer replied 3 months ago

I do not think you can do it yourself. Have an attorney write the demand and cease and desist letters for you.

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Customer reply replied 3 months ago
Ok so can I vacate the primaries before this is sent. Also dose this service provide someone to write a letter
Real Estate Lawyer: Loren, Lawyer replied 3 months ago

No, you should not just vacate until there is a resolution.

This is a question and answer site.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys, themselves, use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.

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Real Estate Lawyer: Loren, Lawyer replied 3 months ago

Did you have further questions? Have I answered your question? Please let me know.

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Real Estate Lawyer: Loren, Lawyer replied 3 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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Loren
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Category: Real Estate Law
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