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i have started a small business for 5 years with a partner

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. She is now wanting...
i have started a small business for 5 years with a partner . She is now wanting to kick me out for arguments. We have a month to month lease that i did not sign while i was at my previous job that day.But from day one we agreed this was our business built it up from nothing.Paid half on everything.But she claims i have no leg to stand on and she can kick me out.this is a successful business that i partnered what can i do??Where do i start?
Submitted: 7 years ago.Category: Business Law
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Answered in 2 minutes by:
1/4/2011
Business Lawyer: MShore Law, Attorney replied 7 years ago
MShore Law
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25,285
Experience: Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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Thank you for the post, is the business set up as a separate entity (LLC, Inc, LLP)? If so, are you listed on the registration documents?
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Customer reply replied 7 years ago
we once applied that way then cancelled it due to what our tax guy said. we operate it like we work for ourselves now . pay taxes separate. would the name help you to look it up? its a hair salon
Business Lawyer: MShore Law, Attorney replied 7 years ago
Hello, because it is a general partnership, you need some evidence of your ownership in the business. This can be from invoices, access to business accounts, payments you made on behalf of the business etc. If you have such evidence you could sue your partner should she try to exclude you from the business, and seek the value of half of the business as your entitled damages (essentially a forced buy out).
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Customer reply replied 7 years ago
We cancelled our old business account.We keep track of our own money. But as far as legally splitting everything we do.Alot of clients know we are partners, our landlords son in law is willing to go to court on my behalf. Can we pull bank statements, text messages she has sent about lying from entire year to help me? what other forms of proof will help? will i have to leave whenever she says cause i didn't sign lease? and wait for lawsuit to go through?
Business Lawyer: MShore Law, Attorney replied 7 years ago
Hello, because you are not listed on the lease and the business is not a separate entity if she demands that you leave, you will have to do so, and just wait for the suit to play out. As part of the suit, you can pull bank statements, but text messages are likely not available unless saved in your phone.
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Customer reply replied 7 years ago
So our verbal agreement means noting? all she has more than me is the lease. Doesn't she have to atleast give me a 30 day notice?
Business Lawyer: MShore Law, Attorney replied 7 years ago
Hello, unless you reside in the dwelling, the 30 day notice does not apply because it is not a residential tenancy. The problem with verbal agreements is that one party can claim the terms of the agreement are x and the other party can claim the terms are y, with no evidence in support of either to prove the terms of the agreement.
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Business Lawyer: MShore Law, Attorney replied 7 years ago
Hello, unless you reside in the dwelling, the 30 day notice does not apply because it is not a residential tenancy. The problem with verbal agreements is that one party can claim the terms of the agreement are x and the other party can claim the terms are y, with no evidence in support of either to prove the terms of the agreement.
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