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Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 34516
Experience:  30 years experience representing clients.
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I have a master lease on comercial property that i own 20% i

Customer Question

i have a master lease on comercial property that i own 20% i had 50 % but sold 30% to my partner/friend my lease is for 1 more yr 2017 no option , there is another partner with50%.when i sold my property of 30% i put it in writing that he can have side of building and i have fromt when we negotiate lease is up against the other 50% partners. but now i find the teaming up to force me out but i want to raise his rent and tell him he cant lease what r my options its gonna come down to forcing the sale of buillding im not leaving as a owner they would have to sue me to get me out but then ill force the sale if they sue how long will that take with any appeals then after that i would be forced the sale is that my best option if this was ypu i need to know the process and how long i can tie it up.
Submitted: 11 months ago.
Category: Legal
Expert:  Loren replied 11 months ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

Are you asking how long it takes to get an order of partition?

Customer: replied 11 months ago.
im working now driving , im in the front of the building now for 24 yrs the 30% is on the side we cant partition it off there is not enough room
Customer: replied 11 months ago.
the idea is to tie it up for as long as i can and then maybe force the sale
Expert:  Loren replied 11 months ago.

A partition is not necessarily a partition of the physical building. The partition is the separation of the ownership by either a forced sale or forced buyout. That is the partition order to which I am referring.

You can probably stall out the issuance of the order for at least a year or two. Then the building has to actually be listed and sold and that could take another year.

Expert:  Loren replied 11 months ago.

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Thank you!

Loren

Customer: replied 11 months ago.
ok my lease ends 2017dec 31 can i still operate my business till it gets to a partition
Customer: replied 11 months ago.
do they have to wait till my lease is up before they begin to throw me out
Expert:  Loren replied 11 months ago.
Certainly. So long as you are not in breach, and the lease does not contain a provision they can exercise to terminate early, you are entitled to continue until the lease expires.
Customer: replied 11 months ago.
your missing my question when my lease ends 2017 the gonna tell me the not renwing my lease can i still operate my bussiness till this mess gets to partition you think they would let it get that far
Expert:  Loren replied 11 months ago.

They can decline to renew the lease, but I suspect it would be resolved long before then.