I am currently leasing a 1400 sq ft space salon for 5 years now. I purchased the salon from someone else prior who's been in business for 2 years, Total of 7 years in business. However the first owner signed a 10 year contract and i subleased from the previous owner because they cannot remove their names off the lease, it can only be added. I'm doing really bad for 1 year now and I can't uphold the shop much longer. What are my options? To break the lease? Or just walk out? Do I contact the building management? If so what do I say? I don't want to save the business no more. I want to completely leave that behind me.
With the Covid19 health pandemic and the anticipated recession, you are not alone with this type of problem. This dire situation that you are experiencing is probably being felt by many many small businesses around you.
With that said, you have options. Chapter 7 Bankruptcy for small business owners is one. Debt negotiations is another option. Re-negotiate with landlord for forbearance or extension. Given this economic condition, i wouldn't be surprised if the landlord would be more willing to work with you just to keep some rent income coming in for that space.
alternatively, as a sublessor, the landlord will still have the original lessor to look to if you cannot/do not make the payments.
You do have several options. Call a good attorney in this field to discuss.
Sorry to hear that you are going through this. Generally, when you have a lease for a specific term, breaching the lease before that term is up will result in you having to pay the different (i.e. 3 years of rent). However, it depends on how the lease is signed. If the lease is in your personal name, then you are personally responsible regardless of whether the business is around or not and closing the business will not get you out of the debt. If the lease is in the name of the business, they will likely not be able to recover anything from the business if it has no assets or no income. As to other general business expenses, the same reasoning applies. Personal liability versus business liability Best of luck to you.
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