If I’m currently 50% owner of an LLC and my partner has padlocked the basement door of the premises, what are my rights?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I’m currently 50% owner of an LLC and my partner has padlocked the basement door of the premises, what are my rights?

My lease is up at the end of this month. My partner has put a padlock on basement door of business location which is part of our leased space and stores items belonging to the business that I am entitled to use. What can I do in regards to this immature vindictive act?

Asked on July 3, 2015 under Business Law, Delaware

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can bring a legal action in court (most likely, you'd want to file in what's called "chancery court") for court orders, such as:

1) Removing the padlock and allowing you access to your business's belongings;

2) Ordering the dissolution of the business and the distribution of its assets.

If you are a 50% owner, unless you have an operating agreement which gave your partner the authority to do this, he had no right to unilaterally make a decision like this, deny you access, or impact business operations negatively. You can vindicate your rights, but unfortunately can only do so in court, via a lawsuit.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption