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    Bob Borth's Avatar
    Bob Borth Posts: 1, Reputation: 1
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    #1

    Aug 15, 2013, 07:56 AM
    Default on a lease
    Our daughter (in Texas) agreed to rent a building from us for $1 per month payment to her Mom. She has not paid in April through August (5 months). Can this lease be declared null and void without necessarily asking her to leave the building??
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    Aug 15, 2013, 08:00 AM
    Leases can't be 'declared null and void' for non-payment. If bills are not paid, you evict. That terminates the lease. You don't mention when the lease ends.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Aug 15, 2013, 08:57 AM
    If you wish to end lease, then all parties to the lease can agree in writing to end the lease.

    Since you can evict the daughter for non payment ( one dollar, that is normally a sum used when no real payment is expected) So in court, since it is only one dollar, you may actually find it hard to file for eviction merely for non payment. Although it is a dollar figure, the court may assume that the one dollar was merely used as a requirement for lease, but not really expected to be paid.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Aug 15, 2013, 10:05 AM
    Also, what type of lease is this, residential or commercial? You referred to "rent a building" rather than rent a house which leads me to believe this may be commercial. If it is commercial, then the lease contract is more important here. The contract should spell out what you can do if there is a default.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #5

    Aug 15, 2013, 10:58 AM
    May I suggest demanding the next 12 months in advance, when you collect for arrears?
    I have a feeling that this is about hurt feelings... with some justified anger.
    A mom would hope for a lot more than that dollar each month, such as a letter with news, and some photos, and even some gratitude maybe.
    But given that this is a post-postal society, you could both get Paypal, and use Facebook for everything else.
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