What are my options for removing a business partner from the premises?

UPDATED: Oct 1, 2022

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What are my options for removing a business partner from the premises?

I own a small business some family member wanted to
open their own, but could not get a lease so I used my
name. Now we have had a falling out and would like to
remove them from the business location or remove my
name from the lease without penalty. What are my

Asked on August 30, 2017 under Business Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You don't really have any options other than working something out (like a buyout) voluntarily with them:
You need not just their consent but also the consent of the landlord--because the lease is a contract between you and the landlord, and the consent or agreement of all parties to a contract is required to modify the contract (including by replacing one party with another; or to remove one party from the lease). If the landlord did not want to lease them in the first place, why would the landlord consent to remove you and lease to them now?

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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