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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 36967
Experience:  Texas Attorney for 30 years dealing in real estate
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Is it legal to make a change in shopping center lease, after

Customer Question

is it legal for landlord to make a change in shopping center lease, after approved by all parties and reviewed and approved by attorney, without knowlege of tenant, Slipped in in on final draft after attorney approved draft.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Ray replied 9 months ago.

Hi and welcome to JA. Ray here to help you today.

Any changes to the lease need to be signed by the tenant to be effective here.This is a contract amendment, to be enforceable it has to be signed by both parties to the original lease.You need to object in writing that you did not agree with such changes and that they are not valid from your perspective because you did not sign here.

If they slipped these in then you need to object and state that you are going to comply with original lease because tenant did not approve any modifications.You should have your lawyer do this if he was involved here.It is possible to object and enforce original terms or an agreed modification only.

In Texas the statute of frauds requires that any contract lease or changes be in writing and signed by both parties.

I appreciate the chance to help you today.Thanks again.

I appreciate the chance to help you today.Thanks again.

I

Expert:  Ray replied 9 months ago.

Law on requirement that it be in writing and signed by both parties.

USINESS AND COMMERCE CODE

TITLE 3. INSOLVENCY, FRAUDULENT TRANSFERS, AND FRAUD

CHAPTER 26. STATUTE OF FRAUDS

Sec. 26.01. PROMISE OR AGREEMENT MUST BE IN WRITING. (a) A promise or agreement described in Subsection (b) of this section is not enforceable unless the promise or agreement, or a memorandum of it, is

(1) in writing; and

(2) signed by the person to be charged with the promise or agreement or by someone lawfully authorized to sign for him.

(b) Subsection (a) of this section applies to:

(1) a promise by an executor or administrator to answer out of his own estate for any debt or damage due from his testator or intestate;

(2) a promise by one person to answer for the debt, default, or miscarriage of another person;

(3) an agreement made on consideration of marriage or on consideration of nonmarital conjugal cohabitation;

(4) a contract for the sale of real estate;

(5) a lease of real estate for a term longer than one year;

(6) an agreement which is not to be performed within one year from the date of making the agreement;

(7) a promise or agreement to pay a commission for the sale or purchase of:

(A) an oil or gas mining lease;

(B) an oil or gas royalty;

(C) minerals; or

(D) a mineral interest; and

(8) an agreement, promise, contract, or warranty of cure relating to medical care or results thereof made by a physician or health care provider as defined in Section 74.001, Civil Practice and Remedies Code. This section shall not apply to pharmacists.

Expert:  Ray replied 9 months ago.

If you can positive rate it is always much appreciated.

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