- Winter Hoins claims her photography studio's renovations are damaging her business.
- She reports losing clients amid renovations made by her landlord.
- Hoins seeks lease termination, but her landlord, Asana Partners, denied her request.
SALT LAKE CITY — A hole in the floor, exposed HVAC ductwork on the wall, what were once windows with white trim are now black, metal doors — none of it is what Winter Hoins said she signed up for when she leased her downtown photography studio.
"I'm working around all these issues — having to edit out things," she said of the changes made to her space.
Hoins said she chose the location back in 2016 based on what its aesthetics used to be. But last June, her landlord decided it was time for an "upgrade."
Not only did Hoin say the renovation stripped her space of its charm, but it also cost her a lot of photographer clients. Apparently, they're no longer fond of using her space.
"All these photographers are not using the space, and I understand their frustrations," she said. "I don't even want to be here."
To that end, Hoins said she has asked her landlord to let her out of her lease so she can reopen her studio elsewhere.
"They just said — they denied," she said.
Now, she's stuck in her lease for a full year more, though she said her business will not survive.
"I can't afford to be here," she said.
The KSL Investigators reached out to Hoin's landlord, the North Carolina-based real estate investment firm, Asana Partners. It touts managing $7 billion in assets spread across 25 cities.
I asked Asana Partners why it was fair to hold her to the lease when she had no say in her space's redesign. The response I got back was that the firm "does not provide details on specific tenant leases."
Legal remedies?
I also asked a lawyer with expertise in commercial real estate law whether there could be any legal recourse for Hoins that would get her out of her lease. The answer is, maybe. There is a legal principle called "implied warranty of suitability." It means when you purchase something for a purpose, it's supposed to be actually fit enough for meeting that purpose.
There's also what's called "constructive eviction." That's where a tenant is forced out of a space because the landlord has caused it to become unusable.
Both arguments, however, are long shots.
The attorney I spoke to said if you're renting a space for a specific reason, before you sign a lease, make sure your agreement includes a written clause that prevents the landlord from making changes that negatively impact your space.
"They've been here eight years," said Winter Hoins. "There's never been issues."
Unfortunately, she's facing serious issues now. She said she's losing money and is behind on rent that she doesn't believe she should owe.
"This is my second home," Hoins said. "This is my income."
