texashuntingforum.com logo
Main Menu
Advertisement
Affiliates
Advertisement
Newest Members
cedarcove, Corb2005, BullseyeSS, Misty97, Doneit
66342 Registered Users
Top Posters(All Time)
dogcatcher 97,299
bill oxner 63,217
stxranchman 55,458
SnakeWrangler 50,558
RKHarm24 44,585
rifleman 44,446
BMD 41,034
Big Orn 37,484
Facebook
Forum Statistics
Forums45
Topics447,427
Posts6,491,494
Members66,342
Most Online19,184
Feb 5th, 2020
Print Thread
Property owner breaches lease contract #7759727 02/29/20 07:54 PM
Joined: Nov 2004
Posts: 1,038
R
rickt300 Online Content OP
Pro Tracker
OP Online Content
Pro Tracker
R
Joined: Nov 2004
Posts: 1,038
Our lease is supposed to end on May 17 but the owner says he sold the property for cash and wants us off by the 12th of March. What are the repercussions he can suffer? Is it possible to sue him?

Re: Property owner breaches lease contract [Re: rickt300] #7759756 02/29/20 08:49 PM
Joined: Mar 2019
Posts: 111
J
JABHunting Offline
Woodsman
Offline
Woodsman
J
Joined: Mar 2019
Posts: 111
If you have a written lease agreement that is paid and not ended, the lease conveys with the property to the new owner. He/she/they can re-new, terminate or re-negotiate after the end of the lease you have is concluded. You could probably sue him if you have a written contract for lease that is valid, but you can probably make the real estate agent aware, and the Title Co. if there is one involved in the transaction. Consult a real estate attorney in your area for specific information and legal advice.

Re: Property owner breaches lease contract [Re: rickt300] #7759763 02/29/20 09:00 PM
Joined: Apr 2019
Posts: 3
B
BigHutch Offline
Green Horn
Offline
Green Horn
B
Joined: Apr 2019
Posts: 3
It all depends on the lease contract AND the contract / deed executed by the new buyer. . Are there any options for early termination and/or penalties for early termination of the lease in the lease agreement? Did the lease contain specific language dealing with assignability or transfer of rights? In the purchase contract / deed, did the purchaser assume all leases, easements, or encumberences or were they terminated with the change in ownership? Most professionally written hunting leases have language that terminates the lease upon sale of the property.

Maybe the new owner doesn't know about your lease and would honor it if you furnish him with a copy. In my opinion, unless you can demonstrate real and substantial economic losses AND a contractual right to be there then it probably won't be feasible to sue the previous owner. Plus by the time it goes to court you won't be able to hunt turkeys or exotics or whatever and if you can't do that why even worry about it.

Just my 2 cents.
Robbie aka Big Hutch

Last edited by BigHutch; 02/29/20 09:03 PM.
Re: Property owner breaches lease contract [Re: rickt300] #7759767 02/29/20 09:05 PM
Joined: Feb 2013
Posts: 3,585
K
krmitchell Offline
Extreme Tracker
Offline
Extreme Tracker
K
Joined: Feb 2013
Posts: 3,585
For what is essentially two months of access I’d cut my losses and focus on making sure you can get your equipment off before the locks on the gates change. Just my opinion.

Re: Property owner breaches lease contract [Re: rickt300] #7759854 02/29/20 11:33 PM
Joined: Jul 2013
Posts: 2,961
tlk Online Content
Veteran Tracker
Online Content
Veteran Tracker
Joined: Jul 2013
Posts: 2,961
not worth is for a few month IMO - hire a lawyer and go to court? Not worth it


You can't fix stupid
Re: Property owner breaches lease contract [Re: rickt300] #7760123 03/01/20 01:04 PM
Joined: Mar 2014
Posts: 191
Hoytbowhunter Online Content
Woodsman
Online Content
Woodsman
Joined: Mar 2014
Posts: 191
krmitchell
For what is essentially two months of access I’d cut my losses and focus on making sure you can get your equipment off before the locks on the gates change. Just my opinion.

tlk
not worth is for a few month IMO - hire a lawyer and go to court? Not worth it

What they said apparently not worth the time or money your going to waste and probably not gain anything, I’ve been in this boat get all your equipment off before your locked out the property. Ima

Last edited by Hoytbowhunter; 03/01/20 01:05 PM.
Re: Property owner breaches lease contract [Re: krmitchell] #7760142 03/01/20 01:42 PM
Joined: May 2011
Posts: 649
V
Vanndchi Offline
Tracker
Offline
Tracker
V
Joined: May 2011
Posts: 649
This. Probably bought it on a 1031. Time to find a new adventure.




I'm the player to be named later.
-Crash Davis
Re: Property owner breaches lease contract [Re: rickt300] #7761877 03/03/20 04:19 PM
Joined: Jan 2011
Posts: 18,601
E
Erathkid Offline
THF Celebrity
Offline
THF Celebrity
E
Joined: Jan 2011
Posts: 18,601
All sound advice^^^^^^^^ Time to go catch you another rabbit.


Life is too short, as is. Don't chance it.
Don't text and drive.
Re: Property owner breaches lease contract [Re: rickt300] #7762146 03/03/20 09:33 PM
Joined: Jun 2018
Posts: 19
M
Murphoutdoors28 Offline
Light Foot
Offline
Light Foot
M
Joined: Jun 2018
Posts: 19
This exact thing happened to me last year. A week before deer season ended. Talked to a game warden, and he basically said i'm screwed. You could try to take them to small claims court, and you'd probably have a good case, but likely wouldn't get enough damages to cover the cost of going to court. One of the pains of leasing I suppose.

Re: Property owner breaches lease contract [Re: rickt300] #7762891 03/04/20 05:26 PM
Joined: Mar 2011
Posts: 184
O
oldstyle244 Offline
Woodsman
Offline
Woodsman
O
Joined: Mar 2011
Posts: 184
Happened to us last year, we lease 3 sections and one got sold out from under us. The new owner happened to come out while we were there one day and we spoke for a while. They were not interested in releasing, but they did let us finish out our lease and gave us ample time to remove our stuff.

Re: Property owner breaches lease contract [Re: rickt300] #7770987 03/13/20 05:40 PM
Joined: May 2015
Posts: 5
F
fishmaster12 Offline
Green Horn
Offline
Green Horn
F
Joined: May 2015
Posts: 5
Good advice, cut your losses and get your equipment..I just finished lawsuit with Golindo ranch properties had 5 years contract 2 years into it.landowner decided to terminate lease due to change in mgmt..Owner allowed the removal of 6000.00 of our stands and feeders with out our knowledge.She then allowed hog hunters and coyote hunters on the property while we were battling in court...bottom line cost of our equipment and our sweat equity. Settled case walked away cost Golindo 18000.00 and we paid 6000.00 court cost attorney fees..1.5 years and numerous court dates.Game warden and llano sherriff department couldn't do anything for us as far as hunter harrassment. It became a civil matter and the land owners hold all the cards. Beware of Golindo Ranch properties. Truex ranch and Freeman ranch in llano tx.


Thanks David F Hill davehillfisherman@gmail.com
Re: Property owner breaches lease contract [Re: rickt300] #7771890 03/14/20 03:32 PM
Joined: Jun 2009
Posts: 103
W
wapiti Offline
Woodsman
Offline
Woodsman
W
Joined: Jun 2009
Posts: 103
Agree with Hoyt. Cut your losses and move your stuff out before locks are changed.

Previous Thread
Index
Next Thread

© 2004-2019 OUTDOOR SITES NETWORK all rights reserved USA and Worldwide
Powered by UBB.threads™ PHP Forum Software 7.7.3