Landlords (Tenants), You Lie In Wait At Your Own Risk

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We came across a recent Texas Court of Appeals Memorandum Decision validating a “double rent” holdover lease provision. It held that the “doubling” was a contractually agreed-upon rent, and not an unenforceable penalty as the tenant had argued. If the light from this candle we’re using tonight holds up, we’ll return to that central holding of the case.

The nice thing about the court’s June 28, 2013 opinion in Khan v. Meknojiya, 03-11-00580-CV (Tex. Ct. App. 3rd Dist. 2013) [a copy of which can be seen by clicking HERE], is that the facts aren’t very explicit. Why, then, do we say “the nice thing”? That’s because it allows us to make them up. And, when we do so, you can’t say we’ve gotten them wrong because, by definition, they are right. Nonetheless, we’ll try to stick our own “story” inside what you’d see in the court’s opinion if you were to look at it. [Read more…]

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Why So Much Confusion About Holdover Tenants?

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There really is such a thing as a “holdover” tenancy, but our experience has taught us that not a lot of us know what it is. So, today, we’ll either be clearing this area up or adding to the confusion. We’re sure our loyal followers will let us know either way.

Last week, Ruminations overstayed its welcome with a very lengthy piece about landlord lien waivers. If you haven’t finished digesting it, press on because it was very, very well received. This week, our goal is to get in and out, hoping to average, over the two weeks, a reasonable size blog posting.

To know what characterizes a holdover tenancy, you’ve got to know what it isn’t. It’s not a “Term of Years” (“Tenancy for Years”); it’s not a “Periodic Tenancy”; and, especially, it is not a “Tenancy at Sufferance.” [Read more…]

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