Legal Question in Real Estate Law in California
I am currently renting a booth in a salon and had signed a 1 year contract that I work one day a week and pay a set amount. The owner is breaching the contract by raising the rent and stating that I am considered an independent contractor, even though the definition of booth renter is exactly what I am, so that contract can be changed at any time. Is this true?
3 Answers from Attorneys
Whether you are a "booth renter" or an "independent contractor" or perhaps both is immaterial. The salon owner and you have a one-year contract for a fixed price. The contract cannot be changed (unless and only to the extent that its terms allow changes) without the consent of both parties. Any attempt by one party to change it is ineffective.
I agree with Mr. McCormick. It sounds as though the owner is in breach of your agreement.
If you have a signed contract then for the period of the contract you are governed by its terms. In order to change the terms both parties must agree.
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