I AM NOT A LAWYER
Joe gives great advice above. I do not currently deal in commercial leases, but was a commercial property manager for a time (not in a leasing capacity, but I did have to read/understand lease terms and other service contract terms etc.). Anyway, he is right that if you sign it, you abide by it or they can and will hold you in default and it will all probably wind up in court.
Attempting to strike out the clause is a good first step and you should definitely try that (might get lucky), just be sure to bring it to their attention before all the i's are dotted and t's are crossed. But my instinct tells me the other side will not agree to strike out the language easily. They'll hide behind "it's a boilerplate; our attorneys worked up this language; we (leasing reps) are not allowed to change such things." So you're probably stuck with either:
1) hiring a lawyer to hash this out for you ... a good real estate attorney will have an easier time convincing the other side the clause is a) stupid, b) unenforceable/not possible, c) unnecessary and d) illegal, than you will by yourself.
2) look for other property
I have a hunch that this clause is unenforceable, but you have to decide if you're willing to run that risk. Even if you're "right", if something like you describe were to happen (someone defends self with gun, LL finds out) you will likely have to prove you're right in court.
Let us know how this plays out, I'd love to know more.
I AM NOT A LAWYER
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- by A-R
- Mon Oct 26, 2009 1:02 pm
- Forum: General Texas CHL Discussion
- Topic: Landlord Lease restricting firearms
- Replies: 17
- Views: 3062
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