Legal Question in Business Law in Virginia

Re: Partnership Gone Bad

From what you describe, I don't know why not. However, there could easily be other details we don't have in this brief description.

You describe a situation in which you did NOT agree to share the profits, but that different income streams were to be sent to different people. Under the law, this is an exceedingly important distinction, believe it or not, and you should try to get any kind of evidence you can that this was the case. Take someone with you as a witness (don't advertise the fact that they are a witness and create a hostile environment, just bring someone appropriate along), and discuss the deal that you had with them. Try to be clever and unemotional enough to coax them into admitting that this WAS the deal. If it goes into litigation you will be amazed at what people will say on the witness stand that bears little relationship to reality. So it is not enough that you claim what happened is what you describe. The question is what can you prove at trial?

If you did NOT agree to share net profits at the end, then I think you can easily just walk away from them. Now the landlord cannot walk away from them unless they are failing to pay... which they are. You were NOT partners if you did not agree to share net profits with each other. Also, the fact that they have an LLC does not really affect you since you were not a part of the LLC.

After you get as much evidence as possible of what the deal was, in front of witnesses (I'm assuming that getting it in writing is unlikely), then I think you should put something in writing saying "It's been fun, but...." to clearly show that whatever arrangement there may have been, it is canceled.

Whatever you do, do not use the word "partnership" and admit that you had a partnership.