Legal Question in Business Law in New York

I am a co owner in a business. Our lease ends on June 30 and I am dissolving my partnership however the other owner wishes to continue with the business. How do I insure my name is removed from any new rental agreements.


Asked on 6/27/17, 11:56 am

3 Answers from Attorneys

SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

Provide a certified mail letter to the landlord indicating the dissolution of the partnership and that your partner is solely responsible for the lease and premises should the landlord wish to extend the lease. Make sure he responds to you in writing of the receipt of your letter and that you are discharged from any duties under the new lease. Incidentally, you should notify all business entities you worked with/for of the dissolution of the partnership; otherwise, you may be on the hook in the future.

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Answered on 6/27/17, 12:01 pm
Roman Fichman Esq. Law Practice of Roman Fichman Esq.

If you are using the term partnership in a lay manner (i.e. you are not a legal partnership but instead an LLC or a corporation), then it is likely that the lease is in the name of the entity. If that is the case then you need to legally remove yourself from the entity. The steps to doing that vary between LLC's and corporations and also depend on any existing governing documents that the entity may (or may not) have.

If you are a legal registered partnership (like an LP or LLP) then the above is also applicable to you.

If you are an ad hoc partnership (you did not register it anywhere) and the the lease was in your individual names then my colleague is correct and you need to dispatch a notice to the landlord> In addition you should enter in a written agreement with your partner that you are withdrawing from the partnership and will no longer be responsible.

Happy to chat if you have additional questions.

Roman R. Fichman, Esq.

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Answered on 6/27/17, 12:57 pm
Richard Bryan Richard Bryan Attorney PC

As a business owner you know there are various expenses which go along with running a business. Legal fees are one of those expenses. You and your partner should see a lawyer. There are many aspects of dissolving a partnership which need to be considered other than removing your name from any rental agreement. Do not try to save a few dollars trying to get free legal advice on the internet. Pay for the services of a lawyer: it will be money spent wisely.

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Answered on 6/27/17, 6:46 pm


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