Texas Hunting Forum

Property owner breaches lease contract

Posted By: rickt300

Property owner breaches lease contract - 02/29/20 07:54 PM

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?
Posted By: JABHunting

Re: Property owner breaches lease contract - 02/29/20 08:49 PM

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.
Posted By: BigHutch

Re: Property owner breaches lease contract - 02/29/20 09:00 PM

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
Posted By: krmitchell

Re: Property owner breaches lease contract - 02/29/20 09:05 PM

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.
Posted By: tlk

Re: Property owner breaches lease contract - 02/29/20 11:33 PM

not worth is for a few month IMO - hire a lawyer and go to court? Not worth it
Posted By: Hoytbowhunter

Re: Property owner breaches lease contract - 03/01/20 01:04 PM

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
Posted By: vanndchi

Re: Property owner breaches lease contract - 03/01/20 01:42 PM

This. Probably bought it on a 1031. Time to find a new adventure.
Posted By: Erathkid

Re: Property owner breaches lease contract - 03/03/20 04:19 PM

All sound advice^^^^^^^^ Time to go catch you another rabbit.
Posted By: Murphoutdoors28

Re: Property owner breaches lease contract - 03/03/20 09:33 PM

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.
Posted By: oldstyle244

Re: Property owner breaches lease contract - 03/04/20 05:26 PM

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.
Posted By: fishmaster12

Re: Property owner breaches lease contract - 03/13/20 05:40 PM

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.
Posted By: wapiti

Re: Property owner breaches lease contract - 03/14/20 03:32 PM

Agree with Hoyt. Cut your losses and move your stuff out before locks are changed.
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