Q: There is a clause allowing me to break lease if transferred out of state. Does this apply if I own my own business?
I’m currently working for a restaurant which is a separate business here in Cincinnati Ohio but have owned a business for 10 years in NY. I am planning to relocate back to NY as the need to be close to my client base has arisen. In this sense I would be transferring myself to NY for business purposes.
Here is the actual agreement - "If the Lessee is transfered by employer to any permanent location more than 50 miles from the apartment, and Lessee actually moves to that location, Lessee may terminate this lease by 60 days advance written notice from the first of the month. In the event of transfer, Lessee agrees to provide Lessor with written verification from the employer in order to have he benefit of this provision."
A: You can try. Talk to the landlord. But if landlord does not agree, and you leave, landlord could sue you for the rent for the remainder of your lease, minus any amount of rent from re-renting to a new tenant. The court would then determine if that lease language gave you a valid basis to terminate. Or landlord could decide not to sue, but make an adverse entry on your credit record, lowering your credit score and making it more difficult to rent from a landlord who checks your credit.
A:
Your question involves more contract interpretation. I would make certain that you are an employee of the company. Many people own their own business but they are not necessarily employed by the company. It sounds as though the company is a separate legal entity and therefore the Company may in fact employ you.
I would prepare a letter on the Company's letterhead verifying that you the employee are being transferred to New York and you will be relocating by a date certain.
It then becomes a business decision. Is your New York company more important than being sued for future rent, especially when the landlord has a duty to mitigate his damages by finding a new tenant.
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