Archived
My employer was locked out of their offices for non-payment of rent. Can I retrieve my personal possessions?
Stuart's answer
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Answered on November 26, 2018
In Texas, a commercial LL has a lien on the T's or Subtenant's properties within the building. Since your property is not owned by your employer...
Archived
Is a detailed text message between a seller and a buyer of a small business a binding contract in texas?
Stuart's answer
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Answered on November 23, 2018
There is a "part performance" exception to the Texas Statute of Frauds that can make an agreement enforceable that in other situations requires an...
Archived
What is my status now ?
Stuart's answer
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Answered on November 23, 2018
If you are truly a month-to-month Tenant, then your new Landlord may increase the rental or evict you after 30 days notice. If you are in default,...
Archived
Who protects/compensates Agents when their Broker's negligence caused a loss of earned commissions and Broker refuses to sue?
Stuart's answer
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Answered on November 21, 2018
Review your ICA - Independent Contractor Agreement - it will determine your rights and responsibilities and those of your Broker in this situation...
Archived
I am a Mortgagee of Owner Financed properties, when can I send out Notice of Breach if the payment is late ?
Stuart's answer
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Answered on November 05, 2018
You'll need to review your finance documents, particularly the Note, Deed of Trust, and Loan Agreement (if there is one) to determine if the...
Archived
Landlord says I destroyed his building, I did not, what should I do?
Stuart's answer
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Answered on November 05, 2018
Unless your commercial Lease provides differently, you are obligated to pay for damages that exceed "normal wear and tear." That term is defined in...
Archived
Can a buyer of my house in New Jersey sue me in Texas if I back out of the deal?
Stuart's answer
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Answered on November 02, 2018
You've received two great answers. I write only to add that if a Judgment is obtained against you in NJ, it must be brought to Texas for execution...
Would a stamped return address of new address on an envelope received by landlord be evidence of providing forwarding address ?
Stuart's answer
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Answered on November 02, 2018
While it's better than nothing and might serve as a scintilla of evidence, it likely doesn't satisfy the condition precedent imposed by Texas laws...
What happens if all of my future neighbors deny the utility company an easement to get electricity to a home I am building?
Stuart's answer
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Answered on October 31, 2018
Talk to your electrical utility company; they have the right to force an easement through the power of eminent domain. See TGC 2206.001(c)(5):...
Archived
Is a commercial lease without commencing date valid ?
Stuart's answer
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Answered on October 29, 2018
It might be valid as most sophisticated commercial LLs won't obligate themselves to a hard 'start' date unless the Lease was negotiated. As Mr....
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