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Legalease
Legalease, Lawyer
Category: Real Estate Law
Satisfied Customers: 14451
Experience:  13 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues
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if I own a property in texas and the tenant has an epa permit

Resolved Question:

if I own a property in texas and the tenant has an epa permit for chemicals on the property and they leave and move to another property does the permit stay with the property or go with tenent
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Legalease replied 8 months ago.

Hello there.

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The answer to your question depends upon the type of permit that was actually issued to the permittee. In most instances, chemical storage permits are issued to the company and do not stay with the property. However, if there was any type of hazardous waste disposal happening at the property then the EPA permit may require that the current permit holder sell only to another company that would operate the same or similar type of business at that property. If you can give me a little more information regarding the operations at the property and what your lease terms were with the tenant I may be able to tell you a little more than this.

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MARY

Customer: replied 8 months ago.

the tenant has chemicals for the oil business there is a 6000 sq ft cement bloc that they sit on

Expert:  Legalease replied 8 months ago.

Hello again Eliot -

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This very much sounds like a permit that would be applied for by the business and can be taken with the business and has nothing to do with the property itself. This is the most common type of permit for companies that store and work with moveable chemicals. However, I do suggest that you have the property reviewed by a licensed environmental examiner in your area to determine whether or not there has been any seepage into the soil that would harm or further harm the property and the value of the property and if it is determined that environmental clean up is necessary (it sounds like the cement block may need to be removed and disposed of properly) - you generally have the right to pursue the tenant for the costs of that clean up unless your lease with the tenant says something different regarding the condition of the property when the tenant leaves and/or environmental clean up (in a commercial lease situation, what the lease states regarding any subject is the operative provision to use and what the court will follow if the matter ends up in a civil lawsuit situation).

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Please let me know if you have further questions.

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MARY

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Legalease, Lawyer
Category: Real Estate Law
Satisfied Customers: 14451
Experience: 13 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues
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