Have It Your Way (But Get Permission First)

Originally published by Richard Smith.

While we’ve skipped blogging about most of the Dallas Court of Appeals’ forcible detainer cases — long story short, lenders routinely evict residents when the mortgage hasn’t been paid — this one is not exactly routine. The trial court awarded possession of a Burger King restaurant to the landlord, Huge American Real Estate after the tenant remodeled the restaurant without obtaining Huge American’s consent. The Court of Appeals sustained the trial court’s finding that the remodel was a material breach of the lease agreement, holding that Fritz Management’s continued payment of rent did not obviate the contractual requirement of consent to any renovations.

Fritz Mgmt., LLC v. Huge Am. Real Estate, Inc., No. 05-14-00681-CV

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