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

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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
options?

Asked on August 30, 2017 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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?
 


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