As a booth renter in a salon, can the salon owner make hours mandatory?

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As a booth renter in a salon, can the salon owner make hours mandatory?

The salon owner isn’t making not losing money if I am not there during the hours she has posted on the door. I am my own business and keep all of my profits, other than weekly booth rent. I am not an employee. Under the IRS I am a business owner. No other booth rent salon in my area makes hours

mandatory. Is this legal?

Asked on March 19, 2018 under Business Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It depends on the terms of the agreement between you and her for the space: it would be legal if it is part of the agreement.
If you have a written agreement for a set period of time (e.g. a one-year agreement), she cannot make changes to it until it expires; once it expires, however, she could refuse to rent to you unless you agree to be present for certain hours.
If you have a written month-to-month agreement for the space, or no written (i.e. only an oral, or unwritten) agreement, you are a month-to-month tenant, in which case she may demand changes to the agreement on a month's notice and refuse to rent to you after that period of time (i.e. could remove you) if you don't agree to the changes; so in this case, she could require you be present for certain hours on a month's notice.
Fundamentally, the salon owner controls the space and sets the terms under which she makes it available to booth renters. Whether on 30 days notice or in the future, after an existing agreement expires, she can require certain hours.


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