Legal Question in Business Law in Illinois
I am a hairdresser. Another girl and I rent a room for $200.00 a week from the salon owner. We each are responsible for $100.00 each per week. We have a 1 year contract. Recently the other girl decided she was going to move out of state. She gave the owner a 30 day notice and he let her out of her part of the lease. Now he is coming after me for the other $100.00 which I can't pay. He has given me til January 4th to get out. He is very overbearing and threatening saying he will set my stuff out on the fourth. My contract is not up until April. The contract has no mention of a 30 day notice to cancel the contract. I say since he let my roomate out of the contract he is responsible for her $100.00. He doesn't want to hear anything I have to say and is going to ge4t my room no matter what. What should I do. I am in Illinois. thankyou JV
2 Answers from Attorneys
An attorney would need to review the agreement you signed to give you an answer. Was it in the nature of a lease or was is something else? Was it one contract with two tenants at $200 per month? Then you might be obligated to pay the $200 to comply with the contract. Were there two contracts for $100 each? Then you might be able to hold him to the $100 per month. Also, depending on what kind of agreement you had, he may need to comply with the Forcible Entry and Detainer Act to evict you. Or he might not.
As a Franchise Attorney agree with the other attorney answer and add this. If the salon owner is coming after your for the other $100, it seems he feels you both are on the hook for $200 a month, a legal principal called joint and several liability. Either that, or he is trying to assert rights he doesn't really have. Only way to know for sure is to have an attorney review the contract you signed. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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