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Are there ramifications for breaking a fraudulent lease?
Anonymous2 views1 answers
My landlord along with all tenants(including myself) signed a fraudulent lease in order to avoid family zoning laws. Can I break the lease, is the lease voided and what are any potential ramifications?
This issue is probably more complicated than you think. First of all, if the property is within the Houston City Limits, there are no applicable family zoning laws, because Houston has no zoning laws at all. So a look into the applicability of the zoning laws is needed.
As to the lease, if it is illegal, then there is a defense to enforcement of it. However, a well-written lease will have a "severability" clause that states that if one portion of the lease is illegal, than the other legal parts are still enforceable. That would mean that your breach of the lease would still require you to pay all past due rent and any applicable penalties. So be careful before breaching any lease.
You should consult a landlord and tenant attorney in Houston. This issue, with all the documents in front of an attorney, will be fairly straight-forward and easy. I just need more information before I can give any better opinion on it, if you came in person with the lease in hand, any good attorney should tell you your options and the cost of each.