Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

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

Customer Question
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: 1 month ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 minute by:
1/4/2018
Real Estate Lawyer: Loren, Lawyer replied 1 month ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 36,328
Experience: 30 years of real estate practice experience.
Verified

Do you have a written lease? When does it expire?

Ask Your Own Real Estate Law Question
Customer reply replied 1 month ago
I do as an independent contractor and it expires in October
Customer reply replied 1 month 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 1 month 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.

Ask Your Own Real Estate Law Question
Customer reply replied 1 month 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 1 month 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.

Ask Your Own Real Estate Law Question
Customer reply replied 1 month 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 1 month ago
I will send you a copy of the lease
Real Estate Lawyer: Loren, Lawyer replied 1 month ago

ok

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Loren, Lawyer replied 1 month 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.

Ask Your Own Real Estate Law Question
Customer reply replied 1 month ago
These are pictures of the lease
Real Estate Lawyer: Loren, Lawyer replied 1 month ago

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

What would you like to know about the lease?

Ask Your Own Real Estate Law Question
Customer reply replied 1 month 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 1 month 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.

Ask Your Own Real Estate Law Question
Customer reply replied 1 month 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 1 month 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.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Loren, Lawyer replied 1 month ago

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

Ask Your Own Real Estate Law Question
Customer reply replied 1 month 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 1 month 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.

Ask Your Own Real Estate Law Question
Customer reply replied 1 month ago
How would I go about doing this
Real Estate Lawyer: Loren, Lawyer replied 1 month ago

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

Ask Your Own Real Estate Law Question
Customer reply replied 1 month 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 1 month 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.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Loren, Lawyer replied 1 month ago

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

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Loren, Lawyer replied 1 month 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!

Ask Your Own Real Estate Law Question
Ask Loren Your Own Question
Loren
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 36,328
36,328 Satisfied Customers
Experience: 30 years of real estate practice experience.

Loren is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
Can a condo association refuse to allow leasing of units in
can a condo association refuse to allow leasing of units in missouri … read more
Loren
Loren
Lawyer
36,328 satisfied customers
I live within a condo Homeowners Association. There is a
I live within a condo Homeowners Association. There is a paved walk in front of my home which the Association claims is a sidewalk owned and controlled by the association. I have researched my deed wh… read more
Lori
Lori
Juris Doctor
589 satisfied customers
I hired a contractor to remodEl a bathroom, install flooring
I hired a contractor to remodEl a bathroom, install flooring in 4 rooms, install a dinning room window and fix cracks in 6 rooms from settling. I bought everything in the bathroom except the shower.an… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Pioneer Adjusting Firm (didn't no there contractors too) did
Pioneer Adjusting Firm (didn't no there contractors too) did a claim on damages to my house (expected inside from old leaky roof). I told the guy who came out here and got me signed up for the adjustm… read more
Phillips Esq.
Phillips Esq.
MBA
18,637 satisfied customers
My contractor refusing to complete the work before final
My contractor refusing to complete the work before final payment is made. Based on my experience with him so far, I am afraid to pay in full before he complete the job. At this point multiple jobs he … read more
Damien Bosco
Damien Bosco
3,644 satisfied customers
My rental was heavily damaged by "occupant" in only 8
My rental was heavily damaged by "occupant" in only 8 months, but all rents have been paid. On 1/10/18 I was notified by lessee about abandonment. The lessee signed off supposedly funding to support t… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a question regarding real estate damaged by a
I have a question regarding real estate damaged by a hurricane that the insurance company refuses to pay for repair. It's a water front condo in Florida.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
In an insurance claim from a fire-damaged home, there has
Second opinion] In an insurance claim from a fire-damaged home, there has been a payout. If the homeowner decides not to rebuild the home, how or in what way (specifics please) would the payout be adj… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,822 satisfied customers
I live in Barefoot Resort Residential Association, an HOA.
I live in Barefoot Resort Residential Association, an HOA. The BRRA BOD is willing to consider replacing a wooden fence installed by thr Sponsor 10+ years ago. The sponsor is no longer involved with t… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
I have a situation with a condo association not being
I have a situation with a condo association not being responsible to the water damage to my wood floor caused by a main building air conditioning pipe from the roof of the 35 story building to my 22-f… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I currently live in apartment that had water damage in
I currently live in apartment that had water damage in August of last year. The repair was not done properly and now 4 months later, the paint is peeling, bleeding and I suspect that there is mold and… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
211 satisfied customers
1. Is there a tennant's association or something like that
1. Is there a tennant's association or something like that in Steuben County New York State that helps and supports tennents in disputes with landlords?2. I have been a renter for 11 years and am havi… read more
Damien Bosco
Damien Bosco
3,644 satisfied customers
Can a homeowners association deny a homeowner's application
Can a homeowners association deny a homeowner's application to plant trees within his property borders because it has a drainage easement where the trees will be planted? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I had work done to my home and the contractor damaged the
i had work done to my home and the contractor damaged the ceiling after it being totally reworked. they have not scheduled repair or have they acknowledged the damaged. I have been seeking a timely cl… read more
LegalGems
LegalGems
Juris Doctorate
11,009 satisfied customers
My fiance has a signed contract with a contractor to redo
My fiance has a signed contract with a contractor to redo her bathroom. Halfway through the work, the contractor wants to increase the price because of some additional work he claims he had to do. My … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
A building contractor did water damaged work on my apartment
a building contractor did water damaged work on my apartment and i signed a contract with him and after the work was done he changed the dollar amount to a higher amount. the contract stated not to ex… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,275 satisfied customers
Contractor was grossly negligent in installing planters on a
Contractor was grossly negligent in installing planters on a condominium patio and not connecting the drains to the building draining system. This resulted in rain water collecting in the structure of… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Our condo association bylaws indicate the association own
Our condo association bylaws indicate the association own the sliding glass doors. How do you go about get getting the association to replace doors that are leaking? With Irma, our condo suffered dryw… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x