<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Thrust:
My wife is a hairdresser in California. She works as an independent contractor at a salon and pays a weekly rent for her station within the salon. All money paid by the clients go directly to my wife. The owners of the salon have made a series of changes over the last year that have made it difficult to work there and far less profitable for all of the hairdressers. The most recent change was a huge rent increase. Now my wife wants to move her business to another salon and make plans to notify her clients so they can follow her. She wants to give the shop owners a weeks notice but is afraid that they might just ask her to leave that day. What are her legal rights in this case? Would she have to leave the same day if they asked her to? If they made her leave would the shop owners be responsible for her lost business for that week?
Any advice would be much appreciated!
Mark Howard<HR></BLOCKQUOTE>
My response:
The Salon owner cannot just "kick you out" on the same day you give Notice. There are laws in California that specifically prohibit such tactics, and can subject the Salon owner to liability. Month-to-month (and other periodic) tenancies are of a continuing nature; but, like at will tenancies, are terminable at either party's will (otherwise, being continuous in nature, they would never terminate). Many perceive this to be an advantage over a fixed term tenancy (estate for years), which binds the parties to the rental terms for the specified duration. In other words, whereas a fixed term tenancy terminates by the passage of time, a periodic tenancy is terminable by giving statutory notice (e.g., 30 days for a month-to-month tenancy; A month-to-month tenancy may be terminated upon a minimum 30 days' notice. In contrast, periodic tenancies for a term of less than one month may be terminated by written notice served at least one period's length of time before the desired termination date, so long as at least seven days' notice is given. An "at will" or periodic tenancy may be terminated for any reason (subject to discrimination, "retaliation," and/or rent control limitations) by giving notice--normally, statutory notice, unless the lease provides for other notice.
IAAL
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