Your renter wants to sublet her room

Okay here is another one for you all. My new renter wants to sublet her room to someone down the road. I advertised for 1 person to occupy the room. I have no subletting in my contract for all the renters. That it would have to be cleared with me for a sublet situation. The room rent was a low rate as an incentive for 1 person. She said they would be her "employee" and she would pay them. I feel the rent on the room is low already for 1 person to occupy. Does anyone have any experience or ideas with this topic. This is a first for me and all the your input is needed to for to make a proper and fair decision. Thank you!

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Permalink Reply by Marty Glenn on November 21, 2013 at 3:14pm

Diane

Make the person who signed the contract responsible and as for 'Responsibility' you should ignore the sublet as it does not concern you and apply the contract to the signature.  See it....?

No matter what tough, tough tough.

Marty

SkinCareScience.com

Permalink Reply by coldsalineplexus on November 21, 2013 at 8:18pm

Disagree.  Your space, your rules.  She signed off on a rental contract that specified one person and the types of services she could provide.  She could no more switch her room to an aerial yoga studio or indoor shooting range than suddenly decide to toss out other parts of the rental agreement.  I assume (and hope) that you got everything important to you in that rental document.  Otherwise, you may have to eat 30 days' rent for breaking the contract early.

Permalink Reply by Samantha Maline on November 21, 2013 at 8:47pm
Yeah. You don't want a sublet, you don't have to and shouldn't as it would be unfair to other personnel who you've made that agreement with. Even in a contiguous shop situation, you get to be picky about who you rent to because how they handle themselves, how they perform services, and their professionalism all reflects back on you and your business name. Rental situations allow independent contractors to reap the rewards of their own work and determine their own business style but it does not mean they do whatever they want. If she wants to have her own business with employees then she needs to go start her own spa the right way.
Permalink Reply by coldsalineplexus on November 22, 2013 at 5:20am

Yes!  Not only that, but in a contiguous space, you are responsible to your other service providers to thoroughly check out anyone who will have access to the space to make sure they are serious and professional, and not inclined to mess with others' materials and equipment.

Permalink Reply by coldsalineplexus on November 22, 2013 at 5:21am

OH, and when in doubt, just say your insurance won't allow it.

Permalink Reply by Relax & Rejuvenate on November 22, 2013 at 7:48am

Your lease is the binding agreement here.  Does your lease say NO SUBLETTING or is subletting not addressed in the lease?

I would bet large sums of money the intended sub-letter is NOT an employee in the legal sense.

If she were, then it would not be subletting!  Your lessee or their employees can work in the leased space without having to ask your permission

And, if your lessee did have employees, there would need to be proof of workers comp insurance on file with you

Permalink Reply by Miss D on November 22, 2013 at 9:33am

R&R- This is a section of my rental agreement:

RESTRICTIONS AGAINST SUBLETTING OR ASSIGNMENT

 

6.  Subtenant shall not encumber, assign, sublet, or otherwise transfer this sublease, any right or interest in this sublease without Sublessor’s prior written consent.

This is what I also mentioned to the person:

The room rate for 1 person only in the treatment room (that I listed on Craigslist) was $650 per month (the room was listed at an incentive rate for a single individual).  The rate for 2 people occupying the rental room would be the same as the neighboring room at a rate of $900 per month ($450.00 per person).
Each person would need to have a valid license with State Board of Barbering and Cosmetology & Liability insurance. 
Permalink Reply by Relax & Rejuvenate on November 22, 2013 at 9:35am

Then there is nothing to discuss

Either she has an employee -- and needs to document it -- to which you have no recourse or she can't sublet.

Permalink Reply by Miss D on November 22, 2013 at 9:43am

Thanks for the feedback!

Permalink Reply by Lara Matthews on November 22, 2013 at 12:44pm

I have the same clause in my contract.  There is nothing else to say. Sorry you're going through this. 

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