I own a property with a restaurant on it, I have leased this restaurant to someone I believed to be competent. In the process of procuring supplies and opening the business, I have learned that she is an alcoholic and very incompetent. I paid for her liquor license as a gift. I no longer wish for her to run this business in my building, and have been walking on eggshells not wanting to upset her and have her take the license and sell it. Is there anything I can do to get her out and retain the liquor license?
Answer
I am assuming you have a written lease? If so, then it controls. If not, then whatever the default commercial scenario is in your jurisdiction would control. For example, a month to month requires a min of 30 days notice to vacate.
The fact that you are now uncomfortable gives you no legal right unless you are saying that they are in breach. Can you imagine what the world would be like if we could frustrate legal contracts based on our newly formed opinions of those who are party to our agreements?
You should seek advice of counsel before you say or doing anything to make sure you are not exposing yourself to a legal action.
Best regards,
Frank
Natoli-Lapin, LLC
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