How do I get my name off of a commercial lease? (Licking County, OH)

Question Details:I need to find out if I can get my name removed from a commercial lease; my partner has fired me and confiscated the keys to the building.

Asked 3 years ago under Business | 1474 Views | More Legal Topics

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J.M.A., Member in Good Standing of the Connecticut Bar | FreeAdvice Contributing Attorney Answered 3 years ago

If you signed the lease personally, the landlord may hold you liable under the lease in the event of a default.  The landlord is not precluded and is not required to let you out of the obligation of paying the rent in the event that the company or your partner fails to do so.  However, because you are no longer part of the company/partnership, you should seek or may have a right to require your partner to indemnify you for any damages you have to pay to the landlord.  I suggest speaking to a lawyer about the documents if any that you and you partner had as you may have a absolute right to force your partner to reimburse you in the event the landlord sues you and get s a judgment.  Make sure you speak to a lawyer immediately for the purposes of making sure you have a right to indemnification since you are no longer a partner.

SJZ, Member, New York Bar | FreeAdvice Contributing Attorney Answered 3 years ago

Unfortunately, you probably cannot get your name removed from the lease. It's  not the landlord's fault or even concern that you were fired and had the keys confiscated--that's between you and your partner. A lease  is a contract; once you sign it, you are bound by its terms, at least as long as the other party is honoring its terms. Since your partner is the one who putting you in a compromised position, your partner is thone you should be looking to for recourse.

Note that if you signed in your capacity as a corporate officer or partner of an LLC, it's likely the company, not you, that's bound to the lease.

This is a complex situation; you should retain a lawyer with commercial real estate experience to advise, guide, and represent you.

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