If I’m currently 50% owner of an LLC and my partner has padlocked the basement door of the premises, what are my rights?
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If I’m currently 50% owner of an LLC and my partner has padlocked the basement door of the premises, what are my rights?
My lease is up at the end of this month. My partner has put a padlock on basement door of business location which is part of our leased space and stores items belonging to the business that I am entitled to use. What can I do in regards to this immature vindictive act?
Asked on July 3, 2015 under Business Law, Delaware
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You can bring a legal action in court (most likely, you'd want to file in what's called "chancery court") for court orders, such as:
1) Removing the padlock and allowing you access to your business's belongings;
2) Ordering the dissolution of the business and the distribution of its assets.
If you are a 50% owner, unless you have an operating agreement which gave your partner the authority to do this, he had no right to unilaterally make a decision like this, deny you access, or impact business operations negatively. You can vindicate your rights, but unfortunately can only do so in court, via a lawsuit.
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