My question involves landlord-tenant law in the State of: Kansas.
My husband owns a small business. He recently moved into a new facility and has been subleasing his old facility out to cover that payment until his contract is up in November. His original lease states he is not allowed to sublease, however the property manager who did most communication between the owner and my husband had "ok'd" it with the owner that he could sublease it out. My husband did not get this "ok" in writing, so I'm assuming it's not a valid amendment to his original lease.
My husband then subleased out to a girl who turned around and put a lot of her personal money into the place. What's crazy is this was a verbal sublease...my husband sent her a formal written agreement that she never signed and he hadn't signed it either, but she kept saying she didn't get it. So a formal agreement was never signed.
He also has one other sublease that has a written agreement.
Now, the true owner has changed his mind. It is an industrial style building and doesn't like the increased traffic from these businesses and has decided that he wants to stick to industrial-style tenants only. So he has given my husband the 3-day warning thing over email saying he's not allowed to sublease per his agreement and if they subletters are not out in 3 days that he will evict everyone.
The girl who has put so much money into the place is very upset, and rightfully so. She can't get that money back out. It was stupid of her to put money into a place without a formal lease and equally stupid of my husband to sublease based on a "verbal" that it was ok for him to do so when his contract said otherwise.
We don't do business there, so how does this evication hurt our personal business? Is it on our record so in the future if we try to rent a place elsewhere they will know we were once evicted? Is this the only way it hurts us?
I'm guessing the subletters have a right to sue my husband now since he can't honor his end of the contract being that it was illegal for him to do. One is a verbal sublease agreement and one was a signed sublease agreement. He is able to offer the girl who signed the sublease a new sublease at his new facility as he has room for her business there. Does this relieve him of obligation to her since he can give her a place elsewhere? But the girl with the verbal agreement who put all the money into it, I'm assuming can come after him?
By the way, her business is failing anyway and she is probably going to cut her losses and run and has acted interested in cutting a deal where we help her pay some of those losses and then she won't take action. I assume I need a lawyer to look over any agreement such as this to ensure they can't come back later and still sue.
Sorry this is so convoluted.