How Do I Recover My Investment After a Business Partnership Falls Apart in Florida?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
I purchased a business with a partner. I was responsible for paying for the purchase and getting the lease for the equipment. My partner was responsible for running the business and paying me back. My partner was kicked out of the business space by the landlord, and the landlord gave the space, along with the equipment, to someone else. I need to get my money back.
I didnt have a written agreements with my partner, the purchase agreement from former owner to us was signed by both my partner and I. I have texts messages from my partner with what the plans were. The lease for equipment is in my LLC name.
Attorney Answer
Even without a written partnership agreement, Florida law can still treat what you and your partner did together as a partnership, and the texts and signed purchase agreement you have are exactly the kind of evidence that can prove what you both actually agreed to. Under the Florida Revised Uniform Partnership Act, Florida Statutes Chapter 620, two or more people who carry on a business together for profit can be treated as partners based on their conduct, even without a formal written contract.
Because there was no written agreement spelling out how profits, losses, or repayment would work, Florida's default partnership rules may fill in some gaps, and those defaults don't always match what you and your partner actually intended. This is exactly why your text messages describing the plan matter. They can help show the real terms of your arrangement, including that your partner was supposed to repay you.
The equipment situation is a separate issue. Since the lease is in your LLC's name, your LLC generally still holds the legal right to that equipment. If the landlord gave your leased equipment to a new tenant without your consent, that can amount to conversion, wrongfully taking or controlling someone else's property, regardless of what happened with your partner or the business space.
What you can do
1. Gather everything: the signed purchase agreement, your texts with your partner, proof of the funds you contributed, and the equipment lease. 2. Send a written demand to your former partner for repayment, referencing the agreed plan shown in your texts. 3. Send a separate written demand to the landlord regarding the equipment, since your LLC's lease rights likely weren't affected by what happened between the landlord and your partner. 4. Consider whether a claim for breach of the partnership arrangement, unjust enrichment, or conversion fits your facts best. An attorney can help you decide which to pursue, and against whom. 5. Move promptly. Florida law puts time limits on these kinds of claims, and that clock is already running.
This is general legal information, not legal advice. A Florida business litigation attorney can review your documents and advise you on the strongest way to recover your money and your equipment.
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Frequently Asked Questions
Can I have a legal partnership in Florida without a written agreement?
Yes. Florida law can treat two or more people running a business together for profit as partners based on their conduct, even without a signed partnership agreement. Texts, emails, and other records showing what was actually agreed to can be used as evidence of the partnership's terms.
Can I sue my former business partner for the money I put into the business?
Generally yes, if you can show the money was contributed as part of an agreed arrangement and your partner didn't hold up their end. Claims like breach of the partnership agreement or unjust enrichment are common ways to pursue repayment.
What can I do if a landlord gives away equipment that belongs to my LLC?
You can generally send the landlord a written demand asserting your LLC's rights under the equipment lease and, if that doesn't resolve it, pursue a conversion claim for wrongfully taking or keeping your property. This claim is generally separate from any dispute with your former business partner.
