Landlord/tenant contract problem
I recently rented a location to open a restaurant. It was inspected and did not pass. When landlord notified she state she could not afford to repair. A verbal agreement was made that I would repair and remodel and the rent would not be paid until the restaurant was approved to open. It costs a little over $10,000 to repair, remodel and install equipment. It has now been opened 2 months and landlord sent a notice of change of lease agreement advising she needs a list of inventory and wants the rent for the months it was being repaired. She also states that the property is in the process of being sold and it should be completed in 2009. She states if money or list not provided within 30 days I will be evicted. Nowa written contract was done at one point but she would not sign it due to her not reading english. She kept stating she was waiting for her son to review it and now after Ive put it all that money and paid her rent since it opened she is doing this. What is it that I can do to find out if the property is in fact being sold and can she do what she is threatning to do. I feel it is unfair that after all the hard work and money I invested she does this. I also found out she has had previous problems with other tenants.
Re: Landlord/tenant contract problem
Hopefully you have some evidence of this agreement. Generally, contract law holds that the written agreement is the sole agreement, and is not modified verbally. It will depend upon your evidence and the contents of the written agreement. You also may have a Statute of Frauds problem with permanent fixtures and/or the amount of money involved. You shouldn’t wait until she takes action. You should retain a lawyer for pre-emptive action, possibly to enjoin her from taking your business.
Theresa Langford
Langford Law Firm
PO Box 866354
Plano, TX 75086-6354