My Partner in an LLC is Breaking the Law; I want out


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

‘I am a partner in a LLC. We own one two family duplex together.  My partner choose a tenant without consulting me.  The tenant has a son with MS.  His disability was noted on the Application.  I have no problem with that. But now my partner has discovered that the disabled person’s condition is  much worse than he thought and wants to evict the tenant and her son because he doesn’t want to make the property handicapped accessible.  The tenant asked for another handrail in addition to the one we already have.  I said yes, my partner says no.  I said we cannot evict just because he doesn’t want to spend a dime making necessary changes.  I say we can be sued and probably will. What type of changes are we required to make and will the government help with some of the changes?  We live in Michigan. I informed him that I will not be part of his discrimination choices, what are my options?’

If your partner is knowingly violating the law, the best you can do is get out of the partnership as soon as possible.  If he won’t voluntarily buy you out (or let you buy him out), then you’ll need to
look at your company documents to see if there are any buy-sell provisions that would be applicable.  Failing that, your state should have laws for the correct procedure for the dissolution or disassociation of LLCs.