Legal Question in Business Law in North Carolina

Hello,

I would like to learn if the following issue would constitute a legal matter in NC. My mother leases a spot in an antique mall. The store itself is leased, and the sub-sections of the store are divided amongst renters. On the 1st of the month, an agreement was made for my mom to rent a certain sized space. Lines were drawn on the ground to constitute the space that she would be renting. Furthermore, she paid a rent check for the month for the space. Now one week into the agreement, the individual running the store has tried to change this agreement, trying to force my mother to immediately cut down the size of her space or increase it. I would like to know if this is legally acceptable, or if by accepting the rent check for that sized space, the person in charge of the store entered into a legally-binding agreement for at least the tenure of the month. My mother is old and weak, and has issues with this individual forfeiting agreements in the past. It is extremely difficult for her to continue moving furniture every time this person changes her mind.

Thank you!


Asked on 6/01/10, 3:42 pm

1 Answer from Attorneys

Kevin B. Murphy Franchise Foundations, APC

Any attorney will tell you more information is needed. When you say "an agreement was made," was this written or oral? It seems like a month to month tenancy was created. If so, your mother should be fine for at least the balance of the month. Consult with a landlord - tenant attorney in your area for specific advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

Read more
Answered on 6/02/10, 7:18 am


Related Questions & Answers

More Business Law questions and answers in North Carolina