two on a lease and their business partners

[sfseguine]

I own a business in Northern California, San Mateo County. I had a partner until I recently bought her out. She is planning on moving out of town and has decided that she is not going to pay the lease anymore. Her mother is a co-signer and she also says that she is not going to pay for the lease. I need to know if she is bound by the contract that she signed. I don't think that I should be responsible for her share of the lease which will total over 2 thousand dollars. What can I do? Please help. If she is responsible what can she do with her half of the salon (It is a hair salon). The landlord is not being helpful and is claiming that she is not obligated to pay since she is moving out of town and I bought her share of the business. But I made no agreements for the lease. I don't expect her to pay the utilities just the rent which she has signed a contract. Thanks for your help
Amber Ellis

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by sfseguine:
I own a business in Northern California, San Mateo County. I had a partner until I recently bought her out. She is planning on moving out of town and has decided that she is not going to pay the lease anymore. Her mother is a co-signer and she also says that she is not going to pay for the lease. I need to know if she is bound by the contract that she signed. I don't think that I should be responsible for her share of the lease which will total over 2 thousand dollars. What can I do? Please help. If she is responsible what can she do with her half of the salon (It is a hair salon). The landlord is not being helpful and is claiming that she is not obligated to pay since she is moving out of town and I bought her share of the business. But I made no agreements for the lease. I don't expect her to pay the utilities just the rent which she has signed a contract. Thanks for your help
Amber Ellis<HR></BLOCKQUOTE>

What are the terms of the buyout with respect to the lease agreement? If the business purchase was subject to the lease then she and the Mom are still responsible. Sounds like you did not have an attorney or real estate agent help you.

 

[sfseguine]

I don't know what you mean by subject to the lease. We found a place for our business then signed the lease (both of us) and then we each put in 15 thousand dollars as partners in the business. Does that help at all?

you said
What are the terms of the buyout with respect to the lease agreement? If the business purchase was subject to the lease then she and the Mom are still responsible. Sounds like you did not have an attorney or real estate agent help you.

 

[sfseguine]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by HomeGuru:
What are the terms of the buyout with respect to the lease agreement? If the business purchase was subject to the lease then she and the Mom are still responsible. Sounds like you did not have an attorney or real estate agent help you.<HR></BLOCKQUOTE>

I don't know what you mean by subject to the lease. We found a place for our business then signed the lease (both of us) and then we each put in 15 thousand dollars as partners in the business. Does that help at all?

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by sfseguine:
I don't know what you mean by subject to the lease. We found a place for our business then signed the lease (both of us) and then we each put in 15 thousand dollars as partners in the business. Does that help at all?

<HR></BLOCKQUOTE>

No it does not.
Try this:

1. you bought the business from your partner so you are now the sole owner.

2. before you bought the business, did you discuss the status and future of the lease ie. does it remain in effect as-is, is it amended so that only you are the sole lessee and sole guarantor, .....? Did L approve
of any change in the lease?

The big question is what happened to the lease, if anything?