Legal Question in Real Estate Law in Texas

The lessee called the lessors children and said he would not be renting the farmland in July. He has sold all his cattle and did not plant a crop.He only has a tractor there (which may or may not even be his) He wanted to sublet the land to get his rent money back, which is against the lease. The original lessor died and her adult children(2) own the property as of this month.Is there anyway we can go ahead and sell our property without reimbursing him the few months left over until July. He leased it for cattle grazing and planting hay and now his or someones tractor is just sitting there.IT says in the lease agreement that he signed in 2007,July that if the lessee cancels after the first 6 months of the first year the lessee can not receive any money left over from the lease.


Asked on 3/30/13, 6:18 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

It sounds to me that you owe him nothing and you do not have to agree to a sublease. After the lease expires, you can give him written notice to remove the tractor (by certified mail & regular mail). You can go ahead and sell the property, but if it sells before July expiration of the lease, the new owner will be subject to the lease until it expires if lessee decides to plant or use for grazing until then.

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Answered on 3/31/13, 3:20 am


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