Question on retail restrictions set but sublessor

Hi!

I recently signed a sublease for the 2 back rooms of a building zoned for retail to conduct my vintage clothing business. I have paid half of the security deposit, but I am not on the lease. I entered the sublease with the assumption that I would be able to conduct my business as I would in my previous location where the Sublessor was a customer, and very aware of how I conducted my retail/online business. After a month into the lease the sublessor has restricted me from posting signage on the front of the building and is now attempting to prevent me from conducting any local retail sales from my rooms, stating in a latter that all sales will go through her and she will take a percentage of the profits from these sales. The sublease states that I am to use the space as office and photography studio. Does the have these rights? Thanks

The sublease states that I am to use the space as office and photography studio. Does the have these rights?

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If you signed a contract stating such, yes.

and here appears to be the basis of your problems:

. I entered the sublease with the assumption that I would be able to conduct my business as I would in my previous location where the Sublessor was a customer,

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Apparently your assumptions were not based on any agreement between you and your landlord.

Is there a legal definition of what is considered to be "an office?" We had no agreement about her taking a percentage of my profits in the sublease at all.

SarahSarahSarah said:

We had no agreement about her taking a percentage of my profits in the sublease at all.

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She is making up something with that.

Her actual contractual right would be to prohibit you any retail sales.

any suggestions for my best route of resolution?

SarahSarahSarah said:

any suggestions for my best route of resolution?

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Laughing in their face and telling them to kiss my posterior would be my response. YMMV.

davew128 said:

Laughing in their face and telling them to kiss my posterior would be my response. YMMV.

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Exactly. Not really sure how she can prevent me from promoting my business as well. She is trying to restrict entry into my space during community events as well. Can she do that?

SarahSarahSarah said:

Exactly. Not really sure how she can prevent me from promoting my business as well. She is trying to restrict entry into my space during community events as well. Can she do that?

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If you have rented the back two rooms, unless there is some agreement to allow signage on the front part of the building, you would have no right to place anything on your landlords part of the property. You can promote your business all you want as long as you do not use another's property, without permission, to do so.

as to restricting entry: need more info. I presume you have to pass through her part of the building to access your part, correct? What is a "community event"? How is she attempting to restrict your access?

There is actually a back entrance that is directly across from my door. I have considered putting a sandwich board on the sidewalk, directing people to the back entrance. The area that I am in has an arts festival-type event every first and third Friday, which allows for the majority of traffic to the location. She is attempting to restrict access by telling me that I am not allowed to invite people into my space unless "by appointment" and anything purchased by appointment would need to be rung through her.

as long as the sandwich board meets local ordinances, I see nothing wrong with that. As to her restricting access to your "office", unless there is something in your lease, I do not see it as legal. As to her claiming some percentage of your sales; unless in the contract, I see no justification for her claim.

If you wish to terminate your lease, her restricting access to your office may be the ticket. If you wish to explore it further, I would suggest speaking with a local attorney who can read your lease and review the situation and give you an opinion.

Thanks so much to you all. I appreciate the feedback.