TINA WYSKCommercial Litigation Attorney

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Commercial Real Estate Disputes

Commercial leases, lockouts and evictions, purchase contracts that fall apart, guaranties, title, easements and co-owner fights.

24 guides on commercial real estate disputes, page 1 of 3Showing 1 to 9

Commercial Real Estate Disputes Adverse Possession Claims in Texas: What Property Owners Should Know Texas adverse possession runs 3, 5, 10 or 25 years depending on the claimant's paperwork and always needs visible, exclusive, hostile possession. A suit stops the clock. 7 min readDraft Commercial Real Estate Disputes Boundary and Easement Disputes Between Property Owners in Texas Boundary fights go to trespass to try title or, if only the line is at issue, declaratory judgment. Easements arise by grant, necessity, prior use, estoppel or prescription. 7 min readDraft Commercial Real Estate Disputes CAM Charges and Operating Expense Disputes in Commercial Leases CAM fights are decided by the lease's definitions, caps, exclusions and audit clause. In Texas a landlord may not assess a charge the lease does not state (Property Code § 93.012). 6 min readDraft Commercial Real Estate Disputes Can a Commercial Landlord Lock Out a Tenant in Texas? Yes, for unpaid rent only, and only with the notice Property Code § 93.002 requires on the door. Done wrong, a lockout gives the tenant damages, fees and a fast writ of reentry. 7 min readDraft Commercial Real Estate Disputes Can My Business Break Its Commercial Lease in Texas? A Texas business can leave early, but the lease sets the price. The options: a termination clause, a negotiated exit, assignment or sublease, or a landlord breach. 7 min readDraft Commercial Real Estate Disputes Clearing a Cloud on Title: Quiet Title Actions in Texas A cloud on title is removed in Texas by a suit to quiet title or, when ownership itself is disputed, by trespass to try title under Property Code chapter 22. What each requires. 7 min readDraft Commercial Real Estate Disputes Co-Owners Who Disagree: Partition of Jointly Owned Property in Texas Any Texas co-owner may demand partition under Property Code chapter 23. The court divides the land in kind if it fairly can, and orders a sale if it cannot. 7 min readDraft Commercial Real Estate Disputes Commercial Lease Disputes in Texas: Rights of Landlords and Tenants In Texas a commercial lease is governed mostly by its own words. The Property Code adds a few fixed rules on lockouts, eviction, deposits and mitigation. How the pieces fit. 6 min readDraft Commercial Real Estate Disputes Commission Disputes With a Commercial Real Estate Broker in Texas In Texas a broker can sue for a commission only on a writing signed by the party to be charged (Occ. Code § 1101.806). Property Code chapter 62 adds a lien on commercial deals. 6 min readDraft
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