What right do I have as a leasee when the leasor breaks the lease 23 months early.

Business 3 views 1 answers
We have been given 90 days to move out of our resturant so that the building can be torn down to build something else. We spent alot of money to get our restaurant in this space and up to code. We still have 23 months left on our lease. What rights do we have?

Attorney Answer

1
Christopher Huntley ·
Please note that I am not licensed to practice law in Texas, I am licensed in Minnesota. Also, please note that an attorney-client relationship will not be formed by this answer. Rather, I am providing some thoughts on the issues generally, based on my experience and the facts described in the question. If the landlord is terminating the lease and your right of possession, and the lease does not give the landlord the right to do so, the landlord is violating the terms of the lease and the covenant of quiet enjoyment (i.e. your right to peacefully occupy your premises). If the landlord continues without the right to do so, you are likely entitled to damages and the right to recover possession of your premises. Look carefully at the terms of your lease as your lease should outline what your rights are in the event of a landlord default. Absent such language in your lease, you will need to talk with an experienced Texas leasing attorney to discuss your rights with him or her. Note also that another issue may apply to your case. You have stated that the building will be torn down to build something else. If a party is involved that is exercising its power of eminent domain (e.g. a city or state government is forcing the landlord to tear down the building), then the covenant of quiet enjoyment has not been breached. If this is the situation, you will have to look at the terms of your lease to determine what you are entitled to. There should be specific provisions that apply to this situation. If there are none, you may be entitled to an award from the city, state, etc. that is exercising this right for the cost of your property at the restaurant and for your moving expenses. Regardless of the situation, if the landlord continues to try and terminate the lease and force you to move out of the restaurant, you should find an attorney that can assist you. You may need to bring the landlord to court in order to exercise your rights.
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