Can the landlord force us out of a lease agreement and we haven't done anything wrong?
Question Details: Our church is renting (2 yr lease begin 9/1/09) a church building. The building is in need of roof repairs. The roof is so damaged that we can not have service in the sanctuary. We have asked the landlord when the repairs will begin and he keeps stating, in two weeks and the when those two weeks are over he say in another two weeks, etc... Since we are unable to have church service in the sanctuary we have been having service in the small kitchen/fellowship room. We asked the landlord if he would just place a tarp over the roof so at least we could try to have service in the sanctuary (because it rains in there) and he became very loud and upset, stating he wants us out of our lease by the end of December and he wish he had never rented to us. What are our legal options? We are in houston, texas.
Business Law Answers
You have the right to remain at the property throughout the term of the lease. if you have a 2 years lease that is not up the landlord may not force you to move out as long as you are in compliance with its terms and conditions. The landlord seems to be violating his duties to you under the lease. for instance, the landlord is required to provide you with a non-leaking roof. His failure to do this is a breach of contract. If you wants to leave without paying further rent, you could legally do so under a constructive eviction. As far as your issue here, you should pay to fix the roof and deduct the money that you pay from the rental payments. make sure that you provide the landlord with the invoices for the roof work. if the landlord kickes you out, you may sue him for damages.
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