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Property owner breaches lease contract
#7759727
02/29/20 07:54 PM
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Joined: Nov 2004
Posts: 2,522
rickt300
OP
Veteran Tracker
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OP
Veteran Tracker
Joined: Nov 2004
Posts: 2,522 |
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?
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Re: Property owner breaches lease contract
[Re: rickt300]
#7759756
02/29/20 08:49 PM
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Joined: Mar 2019
Posts: 285
JABHunting
Bird Dog
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Bird Dog
Joined: Mar 2019
Posts: 285 |
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.
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Re: Property owner breaches lease contract
[Re: rickt300]
#7759763
02/29/20 09:00 PM
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Joined: Apr 2019
Posts: 160
BigHutch
Woodsman
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Woodsman
Joined: Apr 2019
Posts: 160 |
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.
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Re: Property owner breaches lease contract
[Re: rickt300]
#7759767
02/29/20 09:05 PM
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Joined: Feb 2013
Posts: 4,793
krmitchell
Extreme Tracker
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Extreme Tracker
Joined: Feb 2013
Posts: 4,793 |
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.
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Re: Property owner breaches lease contract
[Re: rickt300]
#7759854
02/29/20 11:33 PM
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Joined: Jul 2013
Posts: 6,516
tlk
THF Trophy Hunter
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THF Trophy Hunter
Joined: Jul 2013
Posts: 6,516 |
not worth is for a few month IMO - hire a lawyer and go to court? Not worth it
You can't fix stupid
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Re: Property owner breaches lease contract
[Re: rickt300]
#7760123
03/01/20 01:04 PM
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Joined: Mar 2014
Posts: 1,587
Hoytbowhunter
Pro Tracker
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Pro Tracker
Joined: Mar 2014
Posts: 1,587 |
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.
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Re: Property owner breaches lease contract
[Re: krmitchell]
#7760142
03/01/20 01:42 PM
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Joined: May 2011
Posts: 651
vanndchi
Tracker
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Tracker
Joined: May 2011
Posts: 651 |
This. Probably bought it on a 1031. Time to find a new adventure.
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Re: Property owner breaches lease contract
[Re: rickt300]
#7761877
03/03/20 04:19 PM
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Joined: Jan 2011
Posts: 19,498
Erathkid
THF Celebrity
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THF Celebrity
Joined: Jan 2011
Posts: 19,498 |
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.
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Re: Property owner breaches lease contract
[Re: rickt300]
#7762146
03/03/20 09:33 PM
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Joined: Jun 2018
Posts: 23
Murphoutdoors28
Light Foot
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Light Foot
Joined: Jun 2018
Posts: 23 |
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.
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Re: Property owner breaches lease contract
[Re: rickt300]
#7762891
03/04/20 05:26 PM
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Joined: Mar 2011
Posts: 228
oldstyle244
Woodsman
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Woodsman
Joined: Mar 2011
Posts: 228 |
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.
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Re: Property owner breaches lease contract
[Re: rickt300]
#7770987
03/13/20 05:40 PM
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Joined: May 2015
Posts: 5
fishmaster12
Green Horn
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Green Horn
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.
Regards, David Hill Make America Great Again. Back the Blue All Lives Matter Trump 2020
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Re: Property owner breaches lease contract
[Re: rickt300]
#7771890
03/14/20 03:32 PM
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Joined: Jun 2009
Posts: 147
wapiti
Woodsman
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Woodsman
Joined: Jun 2009
Posts: 147 |
Agree with Hoyt. Cut your losses and move your stuff out before locks are changed.
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