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Old 11-11-2017, 12:13 PM   #1
BuckySWT
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Default Need legal interpretation

We have a guy on the lease who is breaking the rules.
He let his buddy hunt alone and drive the property alone and one of the rules say guests must be accompanied.

He got a written warning and was instructed to follow the rules in the lease that he signed. He said he didnít read the lease so he didnít know. No excuses...sorry. You signed it.

This weekend heís up there again with his buddy and shoots a young 8. Decent buck, but he didnít fill out the game log for the mgmt coop, didnít gut it and dispose of the carcass correctly (did it in the field, and lease rules say at the cleaning station), and didnít submit a pic.

He finally texted in a pic.

The other 5 guys on the lease are livid that he hasnít been immediately removed from the lease by the landowner, who assured us that if he broke the rules he was done.

She is worried about the legality of it since heís paid for the season.

I have attached the portion on the lease that I interpret as saying she can terminate anyone at anytime for violating the rules.

Am I reading that correctly?

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Old 11-11-2017, 12:20 PM   #2
Bowtech38
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Looks good to me, but im no lawyer also
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Old 11-11-2017, 12:24 PM   #3
BuckySWT
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According to what I read...it says she can boot him right now.
Adios...get your stuff...bye.

Hoping a layer on here will verify that.
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Old 11-11-2017, 12:37 PM   #4
Pstraw
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I'm reading that it is the 'landlord's discretion'. If he doesn't follow the rules then he doesn't stay.
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Old 11-11-2017, 12:37 PM   #5
mharris1
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Quote:
Originally Posted by BuckySWT View Post
According to what I read...it says she can boot him right now.
Adios...get your stuff...bye.

Hoping a layer on here will verify that.
This^^^
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Old 11-11-2017, 12:40 PM   #6
clffrdfdge
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He would be gone
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Old 11-11-2017, 12:43 PM   #7
Skinny
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Adios!


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Old 11-11-2017, 12:47 PM   #8
DFWPI
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Number 1 seems to govern statutory laws, and not lease regulations. At least that is the way I'm reading it. Don't know if completing the book is a lease requirement or is it covered by Law, as is sending a pic to somebody.

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Old 11-11-2017, 12:55 PM   #9
White Falcon
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Gone!!!
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Old 11-11-2017, 12:55 PM   #10
DirtyDave
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Doesn't matter if he's paid for the season. He signed the agreement, then he broke that agreement and will now forfeit his money.
He has no legal ground to stand on. He is in breach of contract and can be removed.
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Old 11-11-2017, 12:59 PM   #11
Steves ATV
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Does the contract address termination and loss of payment if done?
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Old 11-11-2017, 01:11 PM   #12
WBA2000
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He has already harvested a deer so I don't see why he wouldn't lose his payment.
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Old 11-11-2017, 01:22 PM   #13
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Document, document, document. Places, dates, times, names.
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Old 11-11-2017, 01:33 PM   #14
mpotts
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Looks legit to me
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Old 11-11-2017, 01:35 PM   #15
Artos
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Agree with the others, but If it sits better for the landowner & having peace of mind, then have her pro-rate a refund...regardless, the guy needs to go for the sake of the other members & get back to having a good time.
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Old 11-11-2017, 01:36 PM   #16
Atfulldraw
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I sure wouldn't be calling him a tenant, but it's a little late for that, and
what the hell do I know .....
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Old 11-11-2017, 01:37 PM   #17
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Quote:
Originally Posted by DirtyDave View Post
Doesn't matter if he's paid for the season. He signed the agreement, then he broke that agreement and will now forfeit his money.
He has no legal ground to stand on. He is in breach of contract and can be removed.
where are you reading that?

Quote:
Originally Posted by Steves ATV View Post
Does the contract address termination and loss of payment if done?

this.
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Old 11-11-2017, 02:39 PM   #18
BuckySWT
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Quote:
Originally Posted by Atfulldraw View Post
I sure wouldn't be calling him a tenant, but it's a little late for that, and
what the hell do I know .....


Terminology
The beginning of the lease call the owner ďlandlordĒ and all of us collectively, ďtenant,Ē
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Old 11-11-2017, 02:40 PM   #19
BuckySWT
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Quote:
Originally Posted by Steves ATV View Post
Does the contract address termination and loss of payment if done?


It does not.
I just looked again.
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Old 11-11-2017, 02:42 PM   #20
BuckySWT
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9 and 15 were the rules broken.

Out lease boss is so frustrated, he texted me and said I was in charge now. Heís gonna pay his money and hunt.
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Old 11-11-2017, 02:46 PM   #21
BuckySWT
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This is the only section that mentions money and it only deals with lawsuits as far as I can tell.
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Old 11-11-2017, 03:50 PM   #22
BTLowry
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I would give him 48hrs to get his stuff off my place if it was mine
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Old 11-11-2017, 04:13 PM   #23
175gr7.62
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Bye


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Old 11-11-2017, 04:45 PM   #24
Aric
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As former Governor Perry used to say, "Adios MoFo!"
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Old 11-11-2017, 04:54 PM   #25
BuckySWT
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Iíve got a meeting on Tuesday with the landowner.
Forgot that one of my best friends is an attorney.
Heís looking it over (mostly for peace of mind for the land owner).
If he comes back with everything that weíve already stated, then Iím going to have him draft a termination from lease letter.
Hopefully have it by Tuesday to present to the landowner.
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Old 11-11-2017, 05:11 PM   #26
Bill in San Jose
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If he he signed the dame document (Tenant), itís pretty clear the owner can boot him and change the lock.

Giving him a pro-rated refund would be up to the owner.

Iím not an attorney but stayed in a Holiday Inn Express.


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Old 11-11-2017, 05:13 PM   #27
MisterSanders
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PM sent
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Old 11-11-2017, 05:27 PM   #28
southtx
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Lease contracts are worthless
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Old 11-11-2017, 06:36 PM   #29
tradslam
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Tagged
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Old 11-11-2017, 07:18 PM   #30
sticks
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As a group, Escort him to the gate and change the lock. Tell him he can make an appointment to pick up,his stuff in February.
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Old 11-11-2017, 07:28 PM   #31
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Post his name and picture so other leases don't get stuck with him.
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Old 11-11-2017, 07:45 PM   #32
35remington
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Anyone who gives you an answer without reading the entire lease agreement is doing you a disservice. I’m glad you showed it to an attorney.
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Old 11-12-2017, 03:18 AM   #33
Sparkie
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Bye. One of reasons why I don't like lease environments. There are far to many people that only care about themselves and have no respect for others or others property.
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Old 11-12-2017, 01:14 PM   #34
toledo
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It's a civil issue. They can get nasty and are often decided by elected, incompetent, JP judges. What the law or a lease says is often 100% irrelevant to the result of a case. If the owner kicks him off without a refund and this guy files suit, it will be a major drain on the landowner. Not saying its right but the landowner might just be wanting to take the easy way out by letting it ride for this season.
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Old 11-12-2017, 01:27 PM   #35
xman59
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it has nothing to do with legality, its a contract, he can be removed for violating the contact, the end!
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Old 11-12-2017, 01:42 PM   #36
Mr. Stickers
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See ya
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Old 11-12-2017, 01:47 PM   #37
Jbird8791
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Anyone know of any lease openings???
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Old 11-12-2017, 02:17 PM   #38
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Reality is he might threaten to file a lawsuit but probably won't.He will have a tough time finding an attorney that would represent him if in fact he was in violation of the contract.If he does file it will be a small claims case without a lawyer before a JP in which he will most likely not prevail.On a lease I once managed we refused to invite a hunter back for the following season who had broken numerous contract rules the season before .The contract clearly stated it was a year to year lease and that there were no guarantees as to whether a member would be invited back the following season. He filed on us but then dismissed the case a week before it was going to be heard in court.His daddy was a big shot with the county (I believe commissioner )where he lived and he was a probation officer.He was just screwing with us because he could. Don't be intimidated-boot him off.
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Old 11-13-2017, 10:40 PM   #39
BuckySWT
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One of my best friends is an attorney.
He clarified some things in the lease.
He also wrote a termination of contract effective immediately letter.
Meeting with the landowner tomorrow.
Heís out as of Nov. 15.
Will send the letter certified mail.

If he wants to argue with my attorney friend...best of luck.
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Old 11-13-2017, 11:04 PM   #40
rocky
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It's sad that deer hunting has come to this point.
There's 4.5 million deer in Texas, and lawyers are needed........SMH.
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Old 11-13-2017, 11:05 PM   #41
tigerscowboy
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They elected to breach the lease agreement on two occasions. First action seems noted as negligence. The second action appears to be deliberate negligence. Landlord is well within the rights to terminate the lease agreement w/o penalties.

All this being described and said, just my understanding.
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Old 11-14-2017, 11:48 AM   #42
BuckySWT
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Quote:
Originally Posted by rocky View Post
It's sad that deer hunting has come to this point.

There's 4.5 million deer in Texas, and lawyers are needed........SMH.


It is...
But fortunately heís one of my best friends.
More for peace of mind for the landowner than anything else.
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Old 11-14-2017, 12:34 PM   #43
35remington
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Quote:
Originally Posted by rocky View Post
It's sad that deer hunting has come to this point.
There's 4.5 million deer in Texas, and lawyers are needed........SMH.
Lol people have been fighting about hunting leases since your granddaddy was a baby.

https://www.courtlistener.com/opinio...nbolt-v-state/

https://www.courtlistener.com/opinio...eld-rental-co/
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Old 11-14-2017, 03:00 PM   #44
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Quote:
Originally Posted by southtx View Post
Lease contracts are worthless
This, a good friend of mine is going thru this right now. He had his guys sign a lease contract that was written by an attorney. He had to kick a guy off for multiple contract violations. The contract in multiple places says if you are kicked off the lease you do not get any refund. Guess what... the guy that he kicked off is now suing him in small claims court. I'm sure he will loose but it is costing my buddy time away from work to go deal with this jerk.
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Old 11-14-2017, 03:22 PM   #45
Louis
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He broke the rules, BOOT THE BUM!!!
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Old 11-14-2017, 03:31 PM   #46
Bill in San Jose
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Quote:
Originally Posted by ColinR View Post
This, a good friend of mine is going thru this right now. He had his guys sign a lease contract that was written by an attorney. He had to kick a guy off for multiple contract violations. The contract in multiple places says if you are kicked off the lease you do not get any refund. Guess what... the guy that he kicked off is now suing him in small claims court. I'm sure he will loose but it is costing my buddy time away from work to go deal with this jerk.

At least in small claims (here) no attorneys are allowed so thereís no legal cost. Yes, time away from work.


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Old 11-14-2017, 03:38 PM   #47
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Clear Cut to me ... Got to respect the Landowner and follow rules ... Glad I own my own Land !
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Old 11-14-2017, 05:06 PM   #48
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I'm not saying that I wouldn't ask him to leave, but in many cases in the state of Texas, tenants rights supersede landowners rights. If he wanted to put up a fight, it could very well take until the end of deer season to get it resolved.
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Old 11-14-2017, 10:31 PM   #49
BuckySWT
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Heís gone
On a whim we went to the local meat market where he said he was taking his buck.
Asked to see their log book.
There was his name.
Right under his brother n lawís name. Both having shot bucks.

He didnít bother to mention that they took 2 bucks.
He sent pics of one buck.

Icing on the cake.
He didnít even reply.

Good riddance.
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Old 11-14-2017, 10:37 PM   #50
35remington
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Quote:
Originally Posted by BuckySWT View Post
Heís gone
On a whim we went to the local meat market where he said he was taking his buck.
Asked to see their log book.
There was his name.
Right under his brother n lawís name. Both having shot bucks.

He didnít bother to mention that they took 2 bucks.
He sent pics of one buck.

Icing on the cake.
He didnít even reply.

Good riddance.
Wow.
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