Extension, Renewal termination notice of sublease sent to subtenant disrespected

solh

New Member
Jurisdiction
South Carolina
My husband and a Woman named Cindy, got together to rent a commercial property to run a spa, both are massage therapists. they both signed a 2 year rental lease with the owner of the building. They both started subleasing some of the rooms of the building to other therapists which the owner of the building was ok with. my husband and Cindy never did a internal business partner agreement about how to run this Spa. many months into running this spa, A woman named Ronda, that was subleasing a room started to show inappropriate and unprofessional behavior around my husband. After many attempts from my husband to fix this situation with Ronda with no satisfying solution, he finally decided to terminate Ronda's subleasing rental, since it was month to month. My husband informed Cindy about this decision and even got Cindy's signature on the 'Termination notice of sublease' document sent to Ronda and she was given a month's notice to vacate. Half way into this month notice Cindy decided that she wanted to keep Ronda in the building. She herself extended a new subleasing rental agreement to Ronda for 6 months without my husband's consent or approval, and completely ignored the 'termination notice' she consciously signed along with my husband. Is this legal? Are Cindy's actions legal?
What can be done legally? Cindy didn't respect my husband's document sent to Ronda and ignored her own signature on said document.
Ronda obviously still acting unprofessional around the building and around my husband but Cindy does not seem to care much about it, and Cindy even asked my husband to take himself out of the main rental building lease if he is not ok with this new arrangement. Thanks
 
Yes, it seems legitimate to me only because there is no preexisting agreement regarding management of the subtenants (who gets to make the rules?).
Both cotenants are equal partners. If your husband is unhappy he can speak to the landlord about being released from the lease. If Cindy is willing and able to pay the rent in full the landlord may not have a problem with it.
 
Are Cindy's actions legal?

Nothing illegal about what Cindy did. Even if there was an agreement between Cindy and your husband that limited Cindy's authority, your husband could still be bound by Cindy's agreement under the doctrine of "apparent authority."

Apparent authority - Wikipedia

What can be done legally?

Nothing. Your husband is stuck with his arrangement with Cindy until the building lease expires and he can get out from under.

If your husband is unhappy he can speak to the landlord about being released from the lease. If Cindy is willing and able to pay the rent in full the landlord may not have a problem with it.

Let me give you a former landlord's response to the question: "No. Work it out between you and don't bother me about it."

I have two tenants jointly and severally bound and liable for anything that happens to my premises during their tenancy. I'd have to be an idiot to turn one of them loose.
 
One adult can't (perhaps WON'T) ignore another adult.
Words have meaning.
A landlord can't order a tenant to leave.
A landlord's NOTICE to vacate is merely a request.
A tenant has the absolute legal right to ignore anything the landlord says to the tenant.
Should the landlord dislike being ignored, the landlord's remedy must be pursued in a courtroom.
The sublet arrangement is somewhat suspect, but as long as the owner of the building turns a blind eye to the "arrangement", I suppose it'll stand.
However, the building owner need not immediately seek his remedies in court, either.
This arrangement will end badly for someone, maybe that means more than one person.
If the male masseur seriously desires the female sexual harasser gone, all he needs to do is seek his remedy (eviction) through the courts.
I suspect he knows that, and anything else he claims to do is likely a palliative measure to calm someone not involved in the "operation".
 
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