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  1. #1
    Join Date
    Oct 2013
    Location
    Enterprise, Alabama, United States
    Posts
    2

    Angry Business Kicked Out of Rented Space

    My question involves landlord-tenant law in the State of: Alabama

    I will try to keep this short and present a timeline.

    My wife rents a room from a spa to perform massage in as her own entity on a month to month basis. The spa owner rents the space from someone else.

    Three weeks into the first month after my wife gets all of her collateral ( business cards, checks, brochures, advertising etc.) and doing almost $2k in massages. She is told it is not going to work out unless my wife dissolves her business and starts operating under the spa name. If she refuses she will have to be out by the end of the month (6 days).

    The following day my wife only goes to the spa to perform 2 massages that she had booked. At close to the end of the day she gets a text from the owner saying she had to be out today. My wife told her that the lawyer we briefly saw said that we had at least 10 days. She texted back, agreed to the 10 days and said the letter stating this that my wife requested was in the mailbox. We went to get the letter and the locks were changed. My wife called her and she said that her landlord said she needed to change the locks because my wife wasn't on the lease.

    My wife has a written letter saying that she is renting from her and canceled checks. There was no reason given, and it is forcing us to lease space for 6th months that is outside of her budget just so she can stay in business.

    This feels extremely illegal to me. The unfortunate thing is that we do not have a large surplus of funds for legal representation. Do we have any recourse?

    Thanks in advance for any help.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Unlawful Eviction

    Who is it that said she cannot operate in the building;

    the spa owner or the spa owner's landlord?

    If the contract between the spa owner and their landlord does not allow them to sublease space, the landlord would have a right to do what they did. That presents a problem for the spa owner though since they have contracted to provide your wife with space for 6 months. Unless there is something that allows them to rescind the contract, they are still bound by the contract. It would likely be best to sit down with a lawyer that can review the contracts and such and give you a course of action.

  3. #3
    Join Date
    Oct 2013
    Location
    Enterprise, Alabama, United States
    Posts
    2

    Default Re: Unlawful Eviction

    The spa owner told my wife that the spa owners landlord said that she could not rent the space. The spa owners landlord had full knowlege of her renting the space and actually has gotten spa services with my wife there.

    My wife is a tenant at will and did not have a lease, only month to month. She is forced to get another space at a higher cost and a 6 month lease due to the spa owners shenanigans.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Unlawful Eviction

    If she was month to month, she would not have any action available that would deal with any costs exceeding that one month period. Commercial tenancy is different than residential tenancy and usually has a shorter period of notification. I suspect there would be very little, if anything due your wife due to the month to month issue

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