Legal Question in Real Estate Law in Texas

Terminating an innacurate commercial lease ?

My wife and I recently signed a lease to rent a commercial space (2 days ago). In the lease, it states that the unit is approx. 770 sq. ft., and this was also verbally told to us several times by our realtor as well as the landlord. Upon moving in, we measured in order to place furniture and realized the space was only 625 sq. ft. (almost 20% smaller than what we were told). When we called the realtor and the landlord, they claimed that the missing space was one-fifth of the ''common areas'' (there are five units with a common hallway/bathrooms behind them). We had specifically asked earlier if this common area was included in the square footage and were told that it was not. Now the realtor denies ever having told us that. On the lease, it clearly states that our specific unit (referenced by unit number) is approx. 770 sq. ft. I'm wondering if there is a legal way to terminate this lease, since we feel like the space was misrepresented.


Asked on 10/04/01, 7:24 pm

1 Answer from Attorneys
Lawrence Maun Lawrence J. Maun, P.C.

Re: Terminating an innacurate commercial lease ?

Its difficult to make a judgment without reviewing the lease. However, if the description in the lease is very inaccurate, as it seems to be, and no reference is made in the lease to the common area being included you can probably terminate your obligations under the lease. It is a contract and if it is entered into as a result of a mistake that cannot be corrected, it is voidable. Larry Maun 713.266.2560

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Answered on 11/21/01, 3:48 pm


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