Can my tenant irrigate land that he is not leasing even though we verbally agreed he would not do this?

There is a lease in place for the tenant to farm 36 of our 40 acres. We have a verbal agreement that his irrigation system would not spray water on any of the existing buildings or on bee hives located on the 4 acres he is not leasing. He is not abiding by this verbal agreement and has not payed the rent by the stated date in the agreement. The written agreement says disputes will be settled through arbitration. What can I do about this problem, is it grounds to nullify the rental agreement? The lease is for 5 years.

Asked on June 7, 2012 under Real Estate Law, Colorado


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You are bound by the written contract.  Oral agreements that modify the contract will generally not be binding (called the parol evidence rule).  I would take the contract to an attorney to review a soon as you can.   You may indeed be bound by arbitration here for any relief you seek.  You can not declare the agreement void yourself.  Good luck.

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