Can a sublessor change the terms of a sub-lease mid-contract?

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Can a sublessor change the terms of a sub-lease mid-contract?

I am an independent contractor in a day spa. I have a 1 year lease agreement with which I am 6.5 months in. She recently wrote a memo that we have to sign saying that we will no longer except credit card payments unless they are processed on her machine. In my existing contract it states that I may have my own credit card machine which I have been using. She charges us 4.75% to use hers and my company charges me 2.75%. Is this legal?

Asked on October 12, 2010 under Real Estate Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You have an existing contract which allows you to have your own credit card machine  with your company.  The sublessor cannot interfere with the terms of your contract.  The sublessor cannot alter the terms of your lease prior to the end of your one year lease term. 

You could sue the sublessor for interference with contract for her requiring you to sign the memo and only use her credit card machine.


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