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I am wanting to break my one year commercial sublease which I signed in May. Can I do this if the landlord is manipulating me?

Asked over 2 years ago - Issaquah, WA

Commercial Landlord / Tenant Real Estate

I am looking to get out of my sublease good through May 2010 that I signed in May 2009. The lease I signed was worded for another profession (hair), I do Skin care, and there were no notaries. I asked for the lease to be rewritten as well to fit my profession and to acknowledge that I am using the space above the salon but no actions were taken to do this. The landlord asked I get my own business name, pay my own taxes, get my own clients, and purchase my own retail products, but now 3 months later, after I have acquired all of this,she is insisting that I use her business name, and her business cards. It is as if she would like to have employees but not pay them. Being that we are not on the same page I would like to break my lease. Can I do this? And do I have substantial arguments

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Attorney answers (1)

Thuong-Tri Nguyen

Reputation Level 20

Answered over 2 years ago. Family Law Attorney in Renton, WA.

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Only after reviewing your specific facts would someone be able to give you informed advice. You should review your specific facts with your attorney to see what legal options you have.

If your business is an entity separate from that of the landlord, you do not need her permission to use your own business name or to use your own business card. Your landlord has no legal power to insist that you use hers.

It may be that since moving you into the premises your landlord discovers that her lease with the owner of the building does not allow her to have subtenants except with the written permission of the owner.

If you are truly an employee, the landlord calling you an independent contractor would not change your legal status as an employee.

In general, a lease lasting a year or shorter would not need the parties' signatures to be notarized to be an enforceable lease.

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