Hey there!

I’m so sorry this is happening to you, but your attorney is absolutely right (at least for now) about it being legal. Whether or not that remains the case is up to us to bring before our representatives (and/or the courts), preferably in organized groups. You absolutely should not be forced to choose between your life and your finances, and that’s what’s being asked of you. Under normal circumstances, asking you to stick to the agreement you signed wouldn’t be unreasonable, but these are far from normal circumstances. It doesn’t take much to point that out to the public (via the media), your representative, or a judge. Unfortunately for us, that means we have to be the ones to force lawmakers to address the issue.

I wouldn’t sign or allow anything until you’ve received confirmation in writing, but honestly, I’d break with this company ASAP. They’ve shown you what they think of you and every other professional they lease space to.

An easy way out may be to find someone else to transfer your lease to. Given that so many professionals are making idiots of themselves on the news in Texas, I would imagine that wouldn’t be a difficult task, lol. If you’re able to replace yourself, they should have no valid argument to prohibit you from ending your agreement. At that point, it’ll be obvious they’re not concerned about their revenue but about squeezing each of you dry for the foreseeable future. They may win in court, but they certainly won’t fare well against the public. With so many locations, I’m sure they don’t want even 10% of their tenants going to the media (social or traditional).

You have leverage here. If I were you, I’d ask your attorney if it would be worth it to threaten to use it. Professionals like you who are medically compromised cannot safely return to work now and may not be able to until we have a vaccine and/or reliable treatment options. Hearing that a business owner is forcing small business owners to pay rent on units they can’t use would certainly not play well in the community, especially considering your situation as an immunocompromised person. Typically, we’d consider this the nuclear option, but I would consider it appropriate at this point, since the existing law isn’t able to address MAJOR flaws in how businesses are handling the pandemic.

First I must tell you if it wasn’t for your blogs and direct sources, I would be in worse shape than I’m currently in. We are all so blessed for your uncanny ability to depict very complicated circumstances in a matter of facts in forming blogs.

In saying this THANK YOU!

My question atm is that I have been told by an attorney that my contract is “iron clad” in favor only to the salon owner. It in fact has the force majeure included but further states that regardless “we have to extend our contracts in the event of” and states that in no way even under impracticability, in capability, aka governmental forced closures release us as business owners under this contract from responsibility to pay them for every week, by ACH! If we decline allowing them to directly take rent via ACH we are in default of our contracts.

Further more, this particular salon in Texas, who owns 9+ commercial properties and purchased 4 more and leased them during the closure, is saying that we have to pay for the weeks we were forced to close (ON TOP OF THE EXTENSION TO OUR LEASE AMOUNTS) per TDLR and the government body in Texas even though we were told by TDLR if we are caught trying to earn, we will receive up to or all; 180 days in jail, multiple citations and risk losing our licenses.

Now we know they received assistance during this time from SBA/PPP/Donations etc… we even know that a lot of times, these salon owners have a corporation that they then purchase the commercial properties and then turn around and create LLC’s to “do business as” XYZ Salon.

The very sad thing is there is a GENUINE LACK OF LAWYERS who even know the laws or anything pertaining to our industry to defend us.

I’m in this situation right now. Along with thousands of others.

The lawyer said; “because the landlord included this under his force majeure clause, (automatic extensions of weeks closed do to any potential event that would in effect save the licensed professional, “is allowed, even though it may feel as a forced contractual amendment” to the independent business owners who are/were running their own business in a suite, because it states that he can do this in the contract I signed under my LLC.

He did say that however, “they make no mention of you having to sign ANY additional agreements to this clause and therefore if it is presented to me to sign, changing the original terms and conditions of my initial contract, to include adding any additional “balloon payments or additional charges” in light of the weeks we were forced to close per the government that would state in addition to the already determined weekly rate, that is not legal, unless I agreed to it in the initial contract,” to which I did not.

The owners are in essence doing these things to their tenants;

• Playing semantics/word games, but only verbally not giving us the “proof” of what they’re saying to us directly in writing. (Which is that we will owe for those weeks at a discounted rate of 1/2 of the weeks rents on top of the original contract agreement rate.)

• They have suggested that “we can use our PPP sba grant money because they didn’t receive enough to cover the entire period.” (I didn’t get any grants, or PPP from SBA. We all know where that money went.)
> But wouldn’t it also be true that in the event an independent salon owner did receive aid to use for their vendor expenses and business credit card pmts and then to survive on what little would be left, would not be something we as business owners could write off in our taxes being that rent is our highest expense?

• They’re also not giving us any clear written indication so that we may show a lawyer these tactics being used and instead literally ignore our texts, calls, and emails if it is asking politely for this information to be specified so that we have a clear understanding of what they expect upon our return.

** Not all are doing it this way, I have many others stating that the owners of the salon they lease from actually held zoom meetings like an employee setting, and said it’s been agreed that everyone will pay x on top of their normal contractual agreement in rent because they don’t want to use the sba money they received on what it was intended for.

> But in my case; the salon owner has nothing to do with his salon businesses other than owning them, and having a hand full of employees and 1099 leasing agents “handle it.”

> Ive never met the owner and his agents sign and go over our contracts as well send mass texts to communicate as a while instead of individually and independently business to business.

• They are pulling a form of “switch and bait.”

• They are changing the contract terms verbally. By saying instead of having 24 hour access, you all must work staggered times and be 6ft apart and the list is LONG! But not in writing.

I have nothing to show my lawyer it’s all hearsay for my case.. what would you suggest here? Is this legal? To make it appear one way in writing but not stating changes they’re verbally advocating?

I’m genuinely needing help navigating through these imposters and getting this in writing so that I may be free and clear of having no means to defend the abuse.

I also have underlying health issues that cause me personally to be high risk. So now at this moment, my only defense in asking for a pause until this is over and or released from my lease is to expose my personal health issues that are honestly my fears to return while this is still a National Emergency Declaration/pandemic.

Type 2 diabetes, asthmatic, compromised immune system due to other health issues I suffer genetically and a elementary aged child with asthma as well at home that I’m homeschooling because all schools are closed and have been since spring break!

Do I have any recourse? What are our rights under the law in Texas for licensed cosmetologists because the other problem is these salon owners are not licensed and trained and don’t know jack about our law and rules book.

Am I missing something? Is their any light at the end of our tunnels? Anything I can say to my lawyer to point him in the right direction industry law specifics?

Thank you,

I appreciate you Tina in advance!

Sincerely
Desperate

Stylists should not be getting charged anything. If you’re an employee, you are not an owner, investor, or partner.

I often say there are three types of renters: the motivated, those who are new to the industry and too enthusiastic to know better, and the unemployable. Unfortunately for us all, the motivated ones who will certainly succeed at independent business ownership are relatively rare. :/ That’s why I will never own a rental salon and prefer to employ professionals. As a business owner, you need to be able to control your brand and manage employees so everyone acts in the best interest of the company–especially in this industry.

Omg, you’re going to make me cry! <3 I'm SO glad I could help! Good luck with everything!

My goal is to open an Academy where I live with a organized program that will prepare future professionals for more than just passing their state board. I think your Survival Guide book would come as part of the text books in the kit. Thanks again for helping me personally see what was happening so I don’t let it happen again.