Contracts
Industrial Building Lease
Kansas
Can the landlord change the terms of an industrial building lease agreement without my consent?
I recently signed a lease agreement for an industrial building to use as a manufacturing facility for my business. However, the landlord has informed me that they want to make changes to certain terms of the lease, such as increasing the rent and reducing the duration of the lease, without seeking my consent. I am concerned about my rights as a tenant and whether the landlord has the authority to unilaterally modify the lease agreement without my agreement.
Cherie M.
Unless there is something in the agreement that states otherwise, no, they are not allowed to make those kinds of changes without your consent.
Read 1 attorney answer>Property
Co-Ownership Agreement
Massachusetts
Is a co-ownership agreement necessary when purchasing a property with a friend?
I am considering purchasing a property with a friend, and we want to ensure that our rights and responsibilities are clearly defined. We have a good relationship and trust each other, but we have heard that it is advisable to have a co-ownership agreement in place to avoid potential conflicts or disputes in the future. We want to know if it is necessary to have such an agreement and what it should include to protect both parties' interests in case of any unforeseen circumstances or changes in our circumstances or relationship.
Joshua D.
Technically, no, such an agreement is not "required." However, you are smart to avoid putting all of your faith in a pre-existing friendship (for the benefit of ownership and the friendship). A strong agreement should cover things such as use and payment of rent between the co-owners, duties of repair, payment of expenses/taxes, the sale of the property, assignment of rights, survivability, and any other thing you can think of that might occur during the time you own the property.
Read 1 attorney answer>
Contracts
Artist Management Agreement
Florida
Can an artist terminate an Artist Management Agreement if the manager fails to fulfill their obligations?
I am an aspiring musician who recently signed an Artist Management Agreement with a manager, but I am now facing issues with their lack of commitment and failure to fulfill their obligations outlined in the contract, such as securing gigs and promoting my music. I want to understand if I have the legal right to terminate the agreement and seek a new manager who can effectively support my career.
Ralph S.
I would begin by looking at your contract first. Usually, there is a termination clause that talks about what happens in the event of a material breach. It may well be that there's conduct such as repeated breaches, prolonged breaches etc that allow for the contract to terminate. Also- look in the dispute resolution section- if you can sue or if you have to arbitrate or follow some procedure. If one side fails to perform, they are in breach- but a breach of contract doesn't automatically terminate it. You can send a letter notifying the other side of the breach, you can tell them you believe the contract should terminate - but they can disagree. And the risk is that you decide that you are not bound by the contract and refuse to perform they can pursue you for breach. Additionally, Florida courts have consistently recognized that a material breach goes to the essence of the contract, allowing the non-breaching party to terminate the agreement. The situation is tricky as both sides can end up stuck litigating what was and what was not "material" and what was terminated when. But if we are looking at whether there is a legal theory that supports rescinding the contract in the event of the other side's unwillingness to perform the answer is yes- Under Florida law, anticipatory repudiation occurs when one party to a contract unequivocally refuses to perform its contractual obligations before the time for performance has arrived. This doctrine is well-established in Florida contract law and allows the non-breaching party to take specific actions in response to the repudiation. However, the non-breaching party must demonstrate that it was ready, willing, and able to perform its obligations under the contract at the time of the breach.
Read 1 attorney answer>Contracts
Royalty Agreement
Washington
Is it possible to negotiate the terms of a royalty agreement for my creative work?
I am an independent artist who recently received an offer from a publishing company to use my artwork for merchandising purposes. They have provided me with a royalty agreement, but I am unsure about some of the terms and whether they are fair. I believe that my artwork has significant commercial potential, and I want to ensure that I am adequately compensated for its use. Therefore, I am seeking legal advice on whether it is possible to negotiate the terms of the royalty agreement to better protect my interests and maximize my potential earnings.
Merry K.
I do not consider myself an expert in this area, but a royalty agreement is a type of contract, and there are several things for you to know about contracts in general. In no particular order: 1. The terms of any contract can be negotiated; 2. Any time a company hands someone any type of contract the company wrote, almost all terms will favor the company and not the other party signing the contract; and 3. Any time one is considering signing a contract for any type of real value, it's best to have a contracts attorney review the contract, advise you, and help you negotiate terms that are more favorable to you. (I'm not trying to push work for attorneys - I'm suggesting this to protect you). If you were signing a contract to have a kid mow your lawn once a week, you typically would not need an attorney - but for something like this, you were wise to ask questions. You can find contracts attorneys through wsba.org, and looking through the Directory under "contracts" or of course through ContractsCounsel.com. Whatever attorney you hire for a consultation, review, advice, or negotiation for something so important, please be sure to look into the attorney's reviews, education, experience, etc, just like you would for any other "expensive employee." Good luck to you, and I wish you every success. As a PS, this type of contract is outside my wheelhouse - just posted these comments to try and be of help to you. Best, Merry
Read 1 attorney answer>Landlord Tenant
Residential Real Estate Lease Agreement
Washington
Can a landlord increase the rent during the term of a residential lease?
I recently signed a residential lease for a two-year term, and I'm concerned about the possibility of my landlord increasing the rent during this period. I have heard conflicting information from friends and online sources, so I am seeking clarification on whether a landlord has the right to raise the rent during the term of a lease. I want to understand my rights as a tenant and whether there are any legal protections in place to prevent such a rent increase.
Merry K.
Under the Washington Residential Landlord Tenant Law, a landlord may not change the terms of a lease during the lease, at least not on his or her own (sometimes landlords and tenants negotiate a change). In addition, a lease is a type of contract, and one party to a contract cannot change a contract on their own. If you live in Seattle or a few other places in Washington, you have even more protection than under Washington state law. Here is a really good place to read about your basic rights as a renter. This website is written and vetted by attorneys for lay people, and I have provided this information to countless people over the years because it is reliable: https://www.washingtonlawhelp.org/topics/housing/renters Here is another website for you. However, I'm not familiar with this one, and don't know how reliable ti is: https://tenantsunion.org/rights Good luck to you!
Read 1 attorney answer>Construction Contractor
Plumbing Contract
Washington
Can a plumbing contractor change the terms of a signed contract without my consent?
I recently hired a plumbing contractor to repair some leaks in my home, and we signed a contract that clearly outlined the scope of work, timeline, and cost. However, after a few days, the contractor informed me that they would need to change some of the terms, including an increase in the cost and an extension of the timeline, without providing any valid reasons or seeking my consent. I'm concerned about my rights as a consumer and whether the contractor can unilaterally modify the contract in this manner.
Merry K.
Speaking very generally, the answer will depend on the wording of the contract itself, and just what you agreed to. However, it's common for this type of contract to include provisions for a work change order. Look to see if your contract includes a reference to something like a "change order" - this is usually how the reference to the formal document used to modify the original contract is call - typically for: Additional work, Changes in scope or materials, Adjustments to cost or timeline. It must be agreed to and signed by both parties (typically the contractor and homeowner or project owner) before the change is performed, unless the contract provides otherwise. The key is whether or not your contract provides otherwise. Sometimes contracts allow for extra time/materials that a contractor may find once walls are opened and whether hidden defects and problems can be seen. Your plumber should explain to you the reasons for the extra charges. I hope that's been helpful. Don't forget you can find a residential contruction contract attorney through ContractsCounsel.com to review the contract and negotiate with the plumber on your behalf. (I do not do this kind of work myself right now).
Read 1 attorney answer>Employment
Severance Agreement
Ohio
Can my employer modify the terms of my severance agreement after I have signed it?
I recently signed a severance agreement with my employer, which outlined the terms and conditions of my departure from the company, including a monetary compensation package. However, my employer has now informed me that they want to modify certain aspects of the agreement. I am unsure if they have the legal right to do so, and I am seeking clarification on whether my employer can make changes to the severance agreement after it has been signed.
Gary S.
Hello. Thank you for the opportunity to respond to this question. In general, NO, once a severance agreement has been signed by both the employer and the employee, the agreement cannot be modified. However, if the employer hasn't yet signed the agreement, and only the employee has signed the agreement, the employer may suggest modified terms as part of the negotiation. Also, if the agreement has been executed by both parties and the agreement contains a revocation period, the employee (or possibly the employer) may still be able to revoke the agreement within a certain number of days. The agreement would have to be reviewed to see if it has a revocation clause. Bottom line, if both parties have signed a validly executed severance agreement, the employer cannot unilaterally modify the terms of the agreement, unless the agreement states otherwise. * This response is for general information purposes only and does not constitute legal advice or create an attorney-client relationship. For advice specific to your situation, please consult a qualified attorney.
Read 1 attorney answer>Risk Assessment
Waiver And Release
Texas
Is signing a Release and Waiver Agreement legally binding and does it protect me from liability?
I recently participated in a recreational activity where I was required to sign a Release and Waiver Agreement before participating. I am concerned about the language in the agreement and want to know if signing it would legally protect me from any liability or if there are any circumstances under which I could still be held accountable for any injuries or damages that may occur during the activity.
Darryl S.
Signing a waiver limits the liability of the provider of the recreational activity, but likely does not limit YOUR liability if you caused some kind of accident/incident/damage during the activity. These documents typically shift risk TO YOU and away from the provider. The exact situation and specific facts will matter a lat, as well as the specific language of the waiver.
Read 1 attorney answer>Family Law
Separation Agreement
New York
Can a separation agreement be modified after it has been signed?
Can a separation agreement be modified after it has been signed? My spouse and I recently went through a separation and we both agreed to the terms outlined in the agreement, which includes child custody, spousal support, and division of assets. However, circumstances have changed since signing the agreement, and I am wondering if it is possible to modify certain provisions to better suit our current situation. I want to know if there are any legal options available to amend the separation agreement or if we are bound by its terms indefinitely.
Lana A.
Any Separation Agreement can be amended but it must either be for cause or by agreement and acceptable to the court. There are only two avenues to amend a separation agreement after it is has agreed to and court ordered. 1) is by a motion made to the court based on the source of change of circumstances; this will involve a hearing and a decision by the court if the parties cannot agree 2) by the party's agreement or through mediation or negotiation. This must also be presented to the court for approval and to update the existing order.
Read 2 attorney answers>Family Law
Prenuptial Agreement
New York
Is a prenuptial agreement legally binding in the event of a divorce?
I am engaged and considering getting a prenuptial agreement to protect my assets in case of a divorce, but I have heard conflicting information about their enforceability. I have worked hard to build my business and accumulate significant savings, and I want to ensure that these assets are protected in the event of a divorce. I would like to know if a prenuptial agreement is legally binding and what factors can affect its enforceability in my state.
Khari P.
A prenup would be binding in a divorce action provided that the prenuptial agreement was written properly, both parties disclosed all relevant financial information along with an acknowledgement that they had the right to consult an attorney of their own choosing before signing, and the signing was witnessed by a notary.
Read 1 attorney answer>Contracts
Equipment Lease Agreement
Texas
Can a lessor terminate an equipment lease agreement before the agreed-upon term?
I recently entered into an equipment lease agreement for my business, where I agreed to lease certain machinery for a period of three years. However, the lessor has recently informed me that they intend to terminate the lease agreement before the agreed-upon term due to financial difficulties they are facing. I am concerned about the potential impact on my business operations and the financial implications of finding an alternative solution. I would like to know if the lessor has the legal right to terminate the lease agreement, and what options are available to me in this situation.
Ricardo A.
Lessor’s Early Termination of Equipment Lease: Legal Rights and Lessee’s Options Scenario: You have a 3-year equipment lease for machinery, and the lessor (equipment owner) now wants to end the lease early due to their own financial troubles. You’re worried how this will affect your business and finances. The key questions are: (1) Can the lessor legally terminate the lease before the term ends? (2) What options or remedies do you have if they attempt this? Lessor’s Right to Terminate an Equipment Lease Early In general, a lease is a binding contract that both parties must honor for the full term. A lessor cannot simply cancel an equipment lease early without a valid contractual or legal basis. Unless the lease agreement explicitly gives the lessor an early termination right (or the lessee breaches the agreement), the lessor is expected to “respect the contract term” and cannot terminate early at will . Financial difficulties of the lessor alone are not usually a lawful excuse to break the contract. In fact, U.S. law emphasizes that a landlord/lessor can only break a fixed-term lease early if there is “good reason” – typically meaning the lessee violated the lease or a termination clause was agreed to in the contract . • Contract Clauses: Check your lease for any early termination clause or lessor termination option. It’s uncommon for equipment leases to let the lessor cancel early for convenience, but some contracts might allow it under specific conditions (e.g. with notice or a buyout payment). For example, a clause might say the lessor can end the lease early if they give 60 days’ notice and refund certain fees – but such provisions have to be written in the contract and agreed by you. If your contract has no such clause, the default rule is that the lessor must continue the lease until term-end as long as you (the lessee) are not in default . • Lessee’s Breach or Misconduct: The usual grounds for a lessor to terminate early is if you, the lessee, violated the lease terms. For instance, if a lessee stops paying, causes serious damage, or uses the equipment illegally, those would typically allow the lessor to cancel the lease for breach. In fact, many equipment leases specify that the lessor can repossess or terminate only if the lessee defaults or engages in prohibited conduct . By contrast, the lessor’s own financial problems are not a default by you and don’t automatically give them termination rights. • No Unilateral Termination for Hardship: Simply put, financial difficulty is not a legally valid reason for a lessor to walk away from a fixed-term lease. There is no automatic “hardship” loophole that lets the owner cancel because their business is struggling. Unless your contract contains a force majeure or similar clause that explicitly covers the lessor’s financial distress (highly unlikely), the lessor can’t invoke hardship to cancel. One legal commentary on leases notes that a landlord cannot just evict or end a lease “on a whim” – any early termination must follow the lease terms or a tenant breach . The same principle applies to equipment leases: both parties assumed the risk when signing the 3-year term, so the lessor can’t just change their mind mid-way without consequence. Bottom line: If your lease contract does not give the lessor an early termination right (and you haven’t breached the agreement), the lessor has no legal right to terminate early. Doing so would put the lessor in breach of contract. You would be within your rights to refuse or to seek remedies for an unauthorized termination. On the other hand, if your lease does contain a clause allowing the lessor to end it early (or if you mutually agree to end it), then an early termination can be done lawfully by following the contract’s requirements. Below, we consider both scenarios – one where the lessor is acting within their rights, and one where they are not. Scenario 1: Contractual or Lawful Early Termination by Lessor When It Applies: This scenario is if your lease explicitly permits the lessor to terminate early under certain conditions, or if you and the lessor mutually agree to end the lease. It could also cover rare cases like the lessor entering bankruptcy proceedings and legally rejecting the lease (under court supervision). Assuming such a clause or legal basis exists, the lessor may have a contractual right to terminate before the 3 years. Lessor’s Obligations: Even when a lessor has a termination option, they must strictly follow the contract terms for early termination. This usually includes giving you proper advance notice (e.g. 30 or 60 days written notice) and possibly paying a penalty or compensation if required. For example, some leases with termination clauses require the terminating party to pay an “early termination fee” or to refund deposits/prepaid rent . Ensure the lessor is complying with any such requirements. If the lease requires a notice period or a buy-out payment and the lessor fails to honor those, then their termination may not be valid. Your Rights & Options in This Scenario: • Review the Clause: Carefully review the lease’s termination clause (if one exists) to confirm the lessor indeed has the right they claim. Check what conditions or procedures it specifies. If the lessor’s reason (financial trouble) isn’t one of the allowed reasons, or if they’re not following the proper steps, you could challenge the termination as improper. • Negotiate a Solution: If the contract does allow the lessor to end the lease, you might try to negotiate with them for a better outcome. For instance, you could request additional time to transition or ask if they are willing to assign the lease or equipment to another company instead of outright termination. Sometimes a lessor in financial distress might agree to let a third party (or even the lessee) buy the equipment or take over the lease. This could keep the machinery in place for you while relieving the lessor’s burden. Negotiation is key – since the lessor wants out, you have some leverage to request concessions. They might agree to cover some of your switching costs or refund any advance payments to avoid a dispute. • Plan for Replacement: Start preparing for an alternative equipment solution as soon as possible. Even if the termination is legal, you’ll need to replace that machinery to avoid business downtime. Begin researching new leasing companies or consider purchasing equipment if feasible. The lessor’s early exit doesn’t leave you empty-handed legally (you may have claims for costs), but your priority is keeping your business running. Use the notice period (if any) to secure replacement equipment so you don’t have a gap when the lessor takes their machinery back. • Ensure Return of Deposits/Prepaids: If you paid a security deposit or any prepaid rent, the contract likely obligates the lessor to return the unused portion if they terminate early without cause. Make sure to demand the return of any such funds. For example, under general contract principles, when a lease is ended early by the lessor (and not due to your breach), you should get back any rent paid for periods after termination and your security deposit, since the lessor is the one ending the deal . Don’t overlook this – those funds can help offset costs of finding new equipment. • Document Everything: Should the termination go forward, get all communications in writing. Confirm the lessor’s reasons and the effective termination date in writing. This protects you if there’s later a dispute about whether the termination was proper. Written evidence will be valuable if you need to seek damages or enforce any part of the agreement. Overall, in a scenario where the lessor is legally within their rights to terminate, your focus should be on mitigating the impact on your business. You may not be able to stop the termination if it’s contractually allowed, but you can negotiate and ensure the lessor fulfills any obligations (notice, compensation). Also, use this opportunity to possibly negotiate a buyout – for example, if the lessor is desperate to end the lease, you might propose that you will agree to let them off the hook if they, say, cover the cost difference for you to lease elsewhere, or sell you the equipment at a favorable price. A mutually agreed termination can include any terms both sides find acceptable, so don’t hesitate to propose creative solutions. Scenario 2: No Right to Terminate (Lessor in Breach of Contract) When It Applies: This is the likely scenario if your lease has no early termination clause for the lessor, and you have been complying with the lease (no defaults on your end). In this case, the lessor’s attempt to cut the lease short is unauthorized. Legally, that constitutes a breach of contract by the lessor. The law treats a lessor’s unjustified refusal to continue the lease as a default, giving you (the lessee) certain remedies  . According to the Uniform Commercial Code (which Texas and most states follow for equipment leases), if a lessor “fails to deliver the goods… or repudiates the lease contract,” then the lessor is in default and the lessee can pursue remedies . In plain terms, the lessor cannot just pull out; if they do, you are entitled to relief for their breach. Here are your options in this scenario: Your Rights & Remedies: • Refuse Early Termination: You can take the position that the lease is still in force and refuse to acquiesce to the lessor’s unilateral termination. Communicate (in writing) that you do not consent to ending the lease early and expect the lessor to honor the agreement. Sometimes, this firm stance may make the lessor reconsider, especially if they have no legal leg to stand on. They might then seek an alternative like negotiating with you instead of risking legal liability. • Legal Remedies for Breach: If the lessor persists in terminating or stops performing (e.g., demands the equipment back or ceases maintenance/support), you have the right to seek damages and other legal remedies. Specifically, you can **“cancel the lease contract” and recover damages for the loss . Damages would typically include the extra costs you incur due to the breach. For example, if you have to lease replacement equipment from another provider at a higher price, the difference in cost is part of your damages. You may also claim any other reasonable costs caused by the sudden termination (such as installation costs for new machinery, downtime losses, etc.), subject to what your jurisdiction allows. • Cover (Find Replacement and Sue): One practical step is to go out and “cover” – i.e., obtain alternative equipment as a replacement – and then seek compensation from the original lessor for the cost difference  . Under UCC Article 2A, after a lessor’s repudiation, the lessee may cover by leasing similar goods elsewhere and then recover from the breaching lessor any excess cost or damages resulting from the switch . This allows your business to keep operating (with the new equipment) while holding the lessor accountable financially for their breach. • Specific Performance (if applicable): In some cases, you might be able to ask a court for specific performance – essentially a court order forcing the lessor to honor the lease or allow you continued use of the equipment . Specific performance is not always granted, usually only if the equipment is unique or it’s very difficult to obtain a substitute. But if, say, the machinery is specialized and your operations would be irreparably harmed by losing it, a court might order that the lessor must continue to lease it to you (or at least not repossess it) despite their financial issues. This is a complex remedy (and if the lessor is truly insolvent, it may not be practical), but it’s worth discussing with a lawyer if keeping that exact equipment is critical for you. • Retention of Equipment: If you currently have possession of the equipment, note that you have some leverage. Unless a court orders you to return it, the lessor can’t just show up and take it back without due process. You could legally refuse to surrender the equipment on the grounds that you have a valid lease for it. In fact, the UCC provides that a lessee who rightfully holds the goods after the lessor’s default has a security interest in the equipment for any rent paid or expenses incurred . This means you might be justified in holding the equipment as security until the dispute is resolved or you’re reimbursed. However, be cautious and get legal advice before withholding equipment – you must not be in breach yourself (e.g., continue making your rent payments into an escrow, perhaps) while asserting this right. • Claim Security and Prepaid Sums: If the lessor breaches, you are typically entitled to recover any rent or security deposit you’ve paid for the period that you won’t get the equipment . Demand the return of your security deposit and a pro-rata refund of any prepaid lease payments covering after the termination date. The law explicitly allows a lessee to recover “so much of the rent and security as has been paid and is just under the circumstances” when the lessor defaults . This ensures you’re not out-of-pocket for services you won’t receive. • Consider Legal Action: If the financial stakes are high and the lessor is uncooperative, you may need to file a lawsuit for breach of contract. A court can award you monetary damages for the costs and losses caused by the wrongful termination. Keep records of all related expenses and losses (quotes for new leases, downtime, etc.) to substantiate your claim. Often, the mere threat of a well-supported legal claim might push the lessor to negotiate a settlement (especially if they are trying to avoid bankruptcy or further liabilities). • Mitigate Your Losses: Importantly, even though the lessor is in breach, you have a duty to mitigate damages. This means you should make reasonable efforts to reduce the harm (for example, don’t let the machine sit idle – promptly seek a replacement or workaround to keep your business running). Courts expect you to try limiting the financial damage. The good news is that any reasonable costs of mitigation (like emergency rental of another machine) would be added to your claim against the lessor. Just avoid unnecessary delay or expense that could have been avoided. • Monitor Lessor’s Solvency: If the lessor’s financial troubles are severe, watch for any signs of bankruptcy or receivership. If the lessor files for bankruptcy, different rules apply (the lease could be “rejected” by the bankruptcy trustee, effectively ending it, but you’d then become a creditor in the bankruptcy case for your damages)  . In bankruptcy, recovering full damages might be difficult, so it may be wiser to reach a settlement beforehand if possible. Consult an attorney quickly if bankruptcy seems likely – there may be steps to protect your rights (like filing as a creditor or seeking relief from the automatic stay to reclaim any of your property, etc.). Note: Pursuing legal remedies doesn’t always mean you’ll end up in court. Often, once you present the legal reality to the lessor (that they have no right to terminate and will owe you damages if they do), they may opt to negotiate a mutually agreeable exit. For example, they might offer a termination payment or help find you a substitute equipment lease with another company to avoid a lawsuit. Be open to a settlement if it adequately protects your business – sometimes that can resolve matters faster and more certainly than litigation. Practical Tips Going Forward 1. Communicate and Document: Open a line of communication with the lessor. Politely but firmly let them know you are aware of your contractual rights. Ask for clarification on why they believe they can terminate. It’s possible this is a negotiation tactic on their part to modify terms; clear communication can lead to a solution. In all cases, document everything in writing (emails, letters) so there’s a record. 2. Consult Legal Counsel: It’s wise to consult a business or contracts attorney, especially since lease agreements can have nuanced clauses. A lawyer can review your contract’s fine print to confirm the lessor’s rights (or lack thereof) and can draft a strong response letter. Sometimes a letter from an attorney asserting your rights and potential claims will dissuade the lessor from taking unlawful action. 3. Business Continuity Plan: Start working on a contingency plan to keep your operations running. Identify other suppliers or rental companies for the equipment in case you need a fast replacement. Being prepared will reduce downtime if the lease does end abruptly. Even as you fight to enforce your rights, you don’t want to be left without the machinery your business needs. 4. Financial Impact Assessment: Analyze the financial impact if the lease ends now. Calculate the cost of new equipment lease or purchase, installation, and any productivity loss. This will not only inform your decision-making (e.g., maybe purchasing the equipment is cheaper in the long run if the lessor is exiting) but also serve as evidence of damages if you need to claim costs from the lessor. 5. Maintain Lease Payments (if applicable): If the dispute is ongoing, continue to honor your side of the contract (e.g., making timely payments) until an official termination or court release occurs. This prevents the lessor from turning around and accusing you of breaching. Paying into an escrow account could be an option if you fear the lessor will take the money and run – seek legal advice on the safest approach. The key is to avoid giving the lessor any excuse to blame you. Conclusion Can the lessor terminate early due to their financial problems? Usually no – not unless your contract explicitly allows it or you’ve breached the agreement. A fixed-term equipment lease generally locks both parties in for the duration, and the lessor cannot unilaterally end it because it becomes inconvenient or difficult for them . If they attempt to do so without legal cause, they would be violating the contract, entitling you to relief. What are your options? You have a range of legal and practical options. First, review the contract and assert your rights. In a best-case scenario, if there is a lawful termination clause, ensure it’s followed and negotiate the best possible terms for an early end (time to transition, cost sharing, etc.). In the more likely case that the lessor has no right to cut the lease short, you can stand your ground: refuse improper termination, demand compliance, or seek damages for any breach. Law is on your side here – you can claim compensation for losses and even potentially get a court order to keep the equipment or equivalent if necessary  . Finally, remain practical. Protect your business from disruption by lining up alternative solutions in parallel. While you have every right to hold the lessor accountable, your priority is keeping your operations running smoothly. By combining a firm legal stance with proactive business planning, you’ll be best positioned to handle this situation. If needed, don’t hesitate to get professional legal advice to enforce your rights or negotiate an outcome. Your goal is to either keep the lease intact or secure a fair resolution that leaves you whole despite the lessor’s difficulties.
Read 1 attorney answer>Business Valuation
Legal Due Diligence Checklist
Connecticut
What is legal due diligence?
I am in the process of purchasing a small business, and I have been advised to conduct legal due diligence before finalizing the deal. I understand that legal due diligence involves assessing the legal risks and liabilities associated with the business, but I would like a lawyer to explain the specific steps and procedures involved in legal due diligence to ensure that I am fully informed before making this significant investment.
Christopher N.
Legal due diligence is your investigation of the company to ensure what you are buying actually exists. For example, if you were buying an ice cream parlor, you would want to know: who owns the business (what are the documents that prove that, what are their rights as owners, do they have the right to stop the sale, are there "handcuffs," etc.); do they own or lease the property where they sell the ice cream (how is the rent paid, or the mortgage, if the business owns the property is the building a part of sale, or will the owners want rent, etc.); how are the finances structured (are there loans the business have that you will have to assume; do they have buy out requirements if there is a sale, etc.); what do the finances look like (what are the sales for the last ... 2 years, is the money properly deposited, where does the revenue come from, what are the expenses, are the expenses and the revenue real, does the cash and revenues flow through the bank accounts correctly); are you getting the ice cream recipes as part of the business; are the fixtures (ice cream makers, freezers, etc.) included; have there been any lawsuits filed agains the company -- what is the status; do they have insurance and have there been any claims againt the policies... and so on. This is just a quick example, but you get the flavor and depth of understanding YOU want to know if you are buying a business. Buy the "business" might not be the best option. For example, maybe just buying the assets of the company would be a better option to avoid liabilities. T Of course, I HIGHLY recommend you retain an attorney and accountant who specialize in business sales and has experience with business valuations and sales to ensure you truly understand what you are buying and you are protected. Buying an ice cream parlor vs buying a trucking company are completely different issues. An expereience team will help you navigate this process. Good luck!
Read 1 attorney answer>Landlord Tenant
Lease Termination Letter
Maryland
Can I terminate my lease early due to unforeseen circumstances?
I recently signed a one-year lease for an apartment, but due to unexpected job loss and financial difficulties, I am struggling to keep up with the monthly rent. I have tried negotiating with my landlord to terminate the lease early, but they are insisting that I am legally bound to fulfill the entire lease term. I want to know if I have any legal options to terminate the lease early based on these unforeseen circumstances.
Sara S.
Hi, The answer to this lies in the lease and what you and the landlord agree to. Maryland law does not generally provide the right to break a lease for good cause. If a tenant wants to break a lease that does not have a cancellation section, Maryland law permits early termination of a lease only under certain circumstances. These include certain situations where continuation of the tenancy becomes a severe hardship for the tenant, medical situations, and certain situations where the tenant has been called to military duty. See Md. Code, Real Property § 8-212.1 . Discussing this with a qualified Maryland attorney will give you much more clarity.
Read 1 attorney answer>Securities Law Compliance
Fundraising Contract
New York
What legal considerations should I be aware of when raising funds for a private equity fund?
I am in the process of launching a private equity fund and am seeking legal advice on the various considerations and regulations that I need to be aware of when it comes to fundraising. I want to ensure that I am fully compliant with securities laws, have a thorough understanding of the documentation required, and am aware of any potential pitfalls or risks associated with the fundraising process.
Christopher N.
You have two major considerations: what are your investors looking for in return and protections against failure (is this a good idea and will I get my money back); and, complying with state and federal securities law as it relates the sales of securities (which you will do because you are selling an interest, shares, etc. in your fund). There are some very significant issues you have prepare for both from the SEC and your investor point of view with whihc you have to deal. My thoughts on the work you have ahead of you (which I basic and not reflective of the many other options available): (1) draft the power point to describe the fund, target industries, etc.; (2) draft the offering memeorandum describing the fund, the risks, the investment strategy, risks, etc.; (3) the subscription agreement; and (4) filing the necessary forms and disclosures with New York and the SEC. GIven the complexity of drafting these documents and complying with the securities laws, you can expect to spend AT LEAST $25,000 for the attorneys to do the work -- but likely much more depending on the law firm. I recommend looking at a smaller form with the necessary experience as they can do the work just as well if not better and at a better price point. Good luck, and we are happy to answer more specific questions if you reach out to us.
Read 1 attorney answer>Employment
Equal Employment Opportunity Policy
California
Can I file an EEOC complaint for workplace discrimination based on my disability?
I have been working at my current job for several years and recently I have been facing discrimination from my supervisor due to my disability. Despite providing all necessary documentation and accommodations, my supervisor has been consistently undermining my work, excluding me from important meetings, and making derogatory comments about my disability. I am now considering filing an EEOC complaint, but I am uncertain about the process and if I have a strong case.
Christopher N.
Short answer: Yes. There are some siginficant deadlines (180 days and up to 300 days) you will need to meet, forms to fill out, and a venue to choose (California law vs. Federal law). Without more specific it is difficult to give you specifics, Thus, given the deadlines and the specifics of your case, I HIGHLY recommend you speak with an employment lawyer very quickly to fully understand where you in the timline, what you will need to prove, and where to file -- and more importantly, if you have a case. Good luck.
Read 1 attorney answer>Patent
Provisional Patent Application
Florida
Can I file a provisional patent application to protect my invention before seeking a patent attorney's assistance?
I have recently invented a new product and I want to protect my idea before sharing it with potential investors or manufacturers. I have done some research and I understand that filing a provisional patent application can provide temporary protection and establish an earlier filing date. However, I am unsure if I can file the application on my own without the assistance of a patent attorney, or if it is necessary to consult with a lawyer before proceeding.
Sara S.
Hi, It is not "necessary" to consult with a lawyer before proceeding. However, filing a provisional patent application requires a profile in the United States Patent & Trademark Office system which patent attorneys and patent agents have. You should also familiarize yourself with required fees for patent filings, which you will have to pay, attorney or no.
Read 1 attorney answer>Financial Services
Loan Agreement
Ohio
Can a lender change the terms of a loan agreement without my consent?
I recently entered into a loan agreement with a lender to borrow funds for a business expansion project. However, I have received a notice from the lender stating that they intend to change certain terms of the loan agreement, such as increasing the interest rate and extending the repayment period, without seeking my consent. I am concerned about the legality of such changes and the impact they may have on my business.
Gary S.
Generally no, a lender cannot unilaterally change the terms of a loan agreement without the borrower's consent. Loan agreements are binding contracts, and any modification to the terms (such as interest rate, repayment schedule, or collateral requirements) typically requires both parties to agree to the change. However, depending on the agreement's terms and the type of loan, there are some nuanced exceptions. Some loan agreements permit changes without borrower consent, such as variable rate provisions, default provisions (allowing changes if borrower is in default), or loan servicing clauses (ex. payment instructions can usually be modified unilaterally). However, in each case, these rights to modify the terms must be clearly stated in the loan agreement, and if the agreement is silent, the lender cannot change the terms without the consent of the borrower. The information provided in this response is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by this communication. For advice specific to your situation, please seek legal counsel.
Read 1 attorney answer>Self Storage
Storage Lease Agreement
Ohio
Can a storage facility terminate my lease agreement without notice?
I recently rented a storage unit at a facility and signed a lease agreement for a specific duration. However, the storage facility unexpectedly terminated my lease agreement and demanded that I remove my belongings immediately, without providing any prior notice or explanation. I am now concerned about my rights as a tenant and whether the storage facility had the legal authority to terminate the lease agreement without any notice.
Gary S.
Hello. Thank you for the opportunity to respond. In Ohio, a storage unit facility cannot terminate the lease without providing prior notice unless certain conditions are met and the Ohio statutes are followed. Ultimately, the termination provisions found in the lease agreement will govern. Most lease agreements are month-to-month and require written notice to terminate - typically 10-30 days, depending on the terms of the lease. Under Ohio law, the storage unit facility can deny access or move toward termination without full notice only if the tenant is in default on the lease agreement, such as failure to pay rent or violation of the lease terms. In those cases, the facility may deny access, send a notice of default and intent to enforce a lien on the tenant's property, and eventually sell the contents after at least 10 days' notice as an attempt to collect the unpaid balance. But even in these instances, the storage facility is required to give the tenant notice and a reasonable timeline to respond and cure the default. If you feel the storage unit facility has not complied with these requirements, there are legal steps you can take, such as having a lawyer review and send a demand letter (an inexpensive and generally effective option) and even file in small claims court. Disclaimer: This response is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by this communication. Seek legal advice regarding your specific situation.
Read 1 attorney answer>Intellectual Property
Work For Hire Agreement
Texas
Can an employer claim ownership of intellectual property created by an employee under a Work For Hire Agreement?
I recently started a new job where I am expected to create original content as part of my role. I was asked to sign a Work For Hire Agreement that states any intellectual property I create during my employment will be owned by the company. However, I have concerns about this arrangement as I have invested significant time and resources into developing my creative skills and worry that my work may be undervalued or exploited without proper compensation or recognition. I would like to understand if the employer can legitimately claim ownership of my intellectual property under the Work For Hire Agreement, and if there are any steps I can take to protect my rights while still meeting my employment obligations.
Sara S.
Hi, Yes, intellectual property created by you as an employee, within the scope of your employment, under a work-for-hire agreement, probably belongs to your employer. To learn more about your rights under the agreement and any exceptions, you should consult with a qualified attorney.
Read 1 attorney answer>Corporate
Certificate of Good Standing
California
What is a Certificate of Good Standing?
I am a small business owner in the process of applying for a business loan and I have come across the term 'Certificate of Good Standing.' I am not sure what this certificate is, why it is necessary, and how I can obtain one for my business. Could you please explain what a Certificate of Good Standing is and its significance in the context of business operations and loan applications?
Robert P.
A certificate of good standing is simply a due diligence item the lender will require showing your business entity is in "good standing" with the state in which the business was formed. "Good standing" means the business is operational and has paid its taxes (franchise taxes, etc) and is up to date on all annual fees, etc. To get the certificate, you can log on to your state of formation's secretary of state website (usually under the section entitled "business services") and you can purchase a certificate of good standing for a minimal fee.
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