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Sub-Let Room to Massage Therapist - Left Before Paying Rent

Discussion in 'Commercial Law Forum' started by maggie summers, 23 June 2014.

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  1. maggie summers

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    I run a small fitness studio, and have been sub-letting a room for use as a massage therapy. The therapist gave me 3 months notice she was leaving, but at the start of the last month, has left the building and not paid the month's rent that was due that day. We had a month by month contract, but she did give me 3 months notice via email (so written).
    Nothing was signed, but when I gave her the invoice for the upcoming month (two weeks prior) she said nothing about leaving early.
    Do I have a legal right to fight for the four weeks rent and last 3 months of electric under contract law? She also left the carpet in need of cleaning, as there is massage oil all over it. Can I get her to pay for cleaning it?
     
  2. John R

    John R Well-Known Member

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    Hi Maggie,
    Do you still have contact with the massage therapist? Have you asked them to uphold their end of the verbal agreement that you had?
     
  3. maggie summers

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    I have sent her an email, pointing out that she gave me 3 months notice, not heard anything back yet, but it's only been a day.

    She claimed she left because the room was too hot and too cold, traffic noise, building noise and that the two businesses didn't work together well.
    I gave her 7 days to pay the expected rent, and electric, I mentioned that the carpet was in need of cleaning now, but that I will forgo that if she pays the money that I was expecting for the next four weeks.
    I'm just curious to see if i have any legal right to take her to the small claims court, if she doesn't pay, which I don't expect her to.
     
  4. Michael T

    Michael T Well-Known Member

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    Hi Maggie
    In the absence of a contract, it appears that you would be relying only on the unpaid invoice/s to 'prove' the debt is owing to you.
    Is this correct?
     

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