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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

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

Answered 9 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption