What to do if I am a business owner operating within a business (a booth renter in a salon) and the owner is violating my right to legally use marijuana on my own time?
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What to do if I am a business owner operating within a business (a booth renter in a salon) and the owner is violating my right to legally use marijuana on my own time?
She also is asking to make me subject to urinalysis. She has also stated that as probation I must let her check my services before my clients leave. I carry my own insurance, business licence, a key to the salon and purchase my own product. Does she have the right to ask any of this from me?
Asked on December 22, 2013 under Business Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
If you have a written lease, during the term of that lease, she may not put any restrictions or requirements on you which are not contained in the lease; the lease is a contract, which means that neither party may change its terms during the time it is in force. In this case, check the lease to see your obligations and her rights.
If there is no written lease, you are a month to month tenant. The landlord (the business owner) may change the terms or requirements on 30 days notice; if you refuse to abide by her new requirements, then she could terminate your tenancy and evict you. She can put on you restrictions on your ability to use marijuana legally (or drink, or smoke, etc.) on your own time, and/or on how you conduct your business; if you don't want to abide by such restrictions, you need to go elsewhere.
Similarly, if you have a written lease but its term is up, she can add new restrictions to it before renewing it, or even refuse to renew it.
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