If I’m a massage therapist who booth rents, is it legal for the owner to collect rent and percentages from sales?

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If I’m a massage therapist who booth rents, is it legal for the owner to collect rent and percentages from sales?

I pay twice the amount of any other spa in a 50 mile radius. Percentages are taken out of gift cards. Sometimes equaling more than the weekly rent alone.

Asked on June 11, 2015 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It's legal if that is the agreement you entered into with the landlord, since there is no law saying that "rent" can't be or include a percentage of sales. If you have an oral/verbal lease, or a written month to month lease, even if that was not the original agreement, the landlord could on a month's notice have started requiring you to pay in this way, since oral/verbal or otherwise month-to-month leases can be changed on 30 days notice. Your best recourse may be to look for different space.


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