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Can my landlord take half of my profit from a business sale?

  
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Can my landlord take half of my profit from a business sale?

Postby armin » Tue Mar 13, 2012 9:31 am

So my parents own a restaurant that is currently on a month to month rent (i.e. no lease agreement because they decided not to renew it). They've been wanting to sell the business for quite some time. They finally found a buyer that's willing to buy the business and equipment and negotiate a new lease with the property management firm. Now they got a phone call from someone representing the firm saying they have rights to take half of the profit from the sale. Is this even possible? What regulation cites this right?
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Can my landlord take half of my profit from a business sale?

Postby garbhach65 » Tue Mar 13, 2012 9:34 am

You need to get an attorney involved with this right away. By the "Firm" I am guessing you mean the building owner? I can't see any rights that the building owner has to the profits from the sale of your family business, but it is impossible to know with the little bit of information provided here.
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Can my landlord take half of my profit from a business sale?

Postby ryscford » Tue Mar 13, 2012 9:41 am

The landlord is only limited to claim what is due to him in the form of rent as it applies to month to month renters. Typically this requires the present tenant to simply provide written notice that they planned to vacate and pay rent through the end of that month. The only exception could be in the original lease they signed with the landlord that may have offered interest in the restaurant in trade for a reduced rent, and the clause survived the original lease term
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