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Dear Lease Issue
#865879
08/25/09 06:36 PM
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Joined: Aug 2008
Posts: 18
TX Whitetail
OP
Light Foot
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OP
Light Foot
Joined: Aug 2008
Posts: 18 |
Last year I ran a deer lease for a landowner in Central Texas. My family has had this lease for about 12 years and this was my second year running the lease. The landowner and I never signed any lease agreement, just a verbal commitment & a handshake.
Last year, the broom weeds on the place were 4' - 5' tall over every open pasture making about 70% of the place useless. You could barely see a deer if it raised it's head up. The landowner was supposed to have the place shredded long before deer season started the previous year, but never got around to it and I ended up losing all my hunters. Last year he was again supposed to shred it, but then decided he wasn't going to be able to get it done, so the price of the lease was dropped from $4,500 to $3,500.
After deer season started he stated that the price of the lease would be raised back up and he was going to shred immediately. He never shredded the place and after deer season was over, he started harrassing me about the $1,000. I told him since he didn't shred the place, I wasn't paying it.
Now he is telling me that he is going to take me to court over this. What do you think is going to happen? We have no signed lease agreement and the only paperwork we have is reciepts for each payment made.
Any advice?
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Re: Dear Lease Issue
[Re: TX Whitetail]
#865897
08/25/09 06:42 PM
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Joined: Feb 2007
Posts: 26,548
JCB
THF Celebrity
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THF Celebrity
Joined: Feb 2007
Posts: 26,548 |
If there is nothing in writing I doubt you will have to pay!!
From now on get a written lease agreement! It will protect both parties!
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Re: Dear Lease Issue
[Re: JCB]
#865903
08/25/09 06:45 PM
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Joined: Sep 2006
Posts: 5,427
caddokiller
THF Trophy Hunter
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THF Trophy Hunter
Joined: Sep 2006
Posts: 5,427 |
No written lease agreement, then its just your word against his. i dont think he has a leg to stand on.
The beauty of the Second Amendment is that it will not be needed until they try to take it.- Thomas jefferson
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Re: Dear Lease Issue
[Re: caddokiller]
#865937
08/25/09 06:59 PM
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Joined: May 2008
Posts: 7,992
B-swit
THF Trophy Hunter
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THF Trophy Hunter
Joined: May 2008
Posts: 7,992 |
No written lease agreement, then its just your word against his. i dont think he has a leg to stand on. x2. he has no proof.
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Re: Dear Lease Issue
[Re: B-swit]
#865954
08/25/09 07:07 PM
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Joined: May 2009
Posts: 24,392
dkershen
Rev Dave
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Rev Dave
Joined: May 2009
Posts: 24,392 |
This is why you should always have a written agreement. It protects both parties and keeps the BS to a minimum. Can also protect both you and the landowner from lawsuits if a hunter gets killed or injured. Just my .02 cents.
To be sure of hitting the target, shoot first and call whatever you hit the target.www.NewHopeEquine.com - Health and Healing through Horses.
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Re: Dear Lease Issue
[Re: dkershen]
#866013
08/25/09 07:38 PM
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Joined: Aug 2008
Posts: 18
TX Whitetail
OP
Light Foot
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OP
Light Foot
Joined: Aug 2008
Posts: 18 |
I don't think I will ever manage a deer lease again. I will be looking for a lease to hunt on (maybe) this year, but most likely next year.
This has been going on since January. He actually came up to my office cussing, yelling, and raising hell for about an hour. My boss threatened to call the cops on him and he finally left.
He has been threatening to sue me for about 6 months now, but this time he told one of my family members that he was seriously fixing to go through with it. I am assuming he called my family member since I won't answer any of his calls anymore...............
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Re: Dear Lease Issue
[Re: TX Whitetail]
#866121
08/25/09 08:21 PM
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Joined: Nov 2005
Posts: 79
casadegroovers
Outdoorsman
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Outdoorsman
Joined: Nov 2005
Posts: 79 |
What you have is a statute of frauds issue (Texas Business & Commerce Code § 26). Basically, the statute of frauds sets out the rules for when a contract has to be in writing and when it can be oral. For example, a lease of real estate for a term longer than one year must be in writing. If you only have a year to year lease, that may not help you. You might be able to get by on 26.01(b)(6) that requires a written agreement which is not to be performed within one year from the date of making the agreement.
You probably also have a counterclaim against him for his failure to shred.
Either way, both of y'all are going to spend more than $1,000.00 on attorneys if this thing goes to court.
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Re: Dear Lease Issue
[Re: casadegroovers]
#866211
08/25/09 08:52 PM
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Joined: Apr 2006
Posts: 215
lnester
Woodsman
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Woodsman
Joined: Apr 2006
Posts: 215 |
F the landowner! What a crappy thing to do by going back on his word.
I would get my stuff off there and walk. Make him find you and come after the $$. Most likely, he'll let it go.
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Re: Dear Lease Issue
[Re: lnester]
#866233
08/25/09 09:01 PM
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Joined: Jul 2006
Posts: 19,161
Mr. Clean
THF Celebrity
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THF Celebrity
Joined: Jul 2006
Posts: 19,161 |
Don't sweat it....no contract no foundation for retaliation....I know....been there....done that.
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Re: Dear Lease Issue
[Re: Mr. Clean]
#866313
08/25/09 09:29 PM
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Joined: Oct 2007
Posts: 3,056
rstewlandman
Veteran Tracker
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Veteran Tracker
Joined: Oct 2007
Posts: 3,056 |
was a 12 year lease worth loosing for a G? And I assume that Grand would have been split so were talking a couple of hundred bucks.....I'd offer him Half and see if you can't salvage the lease, its expensive to move leases.....That said If it isn't in writing, it didn't happen.....
the man at the top of the mountain didn't fall up it
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Re: Dear Lease Issue
[Re: Mr. Clean]
#866319
08/25/09 09:32 PM
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Joined: Aug 2004
Posts: 6,170
Jimbo
THF Trophy Hunter
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THF Trophy Hunter
Joined: Aug 2004
Posts: 6,170 |
I agree, I wouldn't pay him a dime.
I'd tell him go ahead and sue, but it's going to cost you more than what you want to get from me even you would win, and without a written agreement, the judge will more than likely throw out the case, and if he doesn't, I'll take my chances with the judge.
Tell him that, and let him chew on that for a while.
Thursday at 12:45 PM #33 Once i learned that i didn't "NEED" to kill something, and that if i did kill something all the fun stopped and work began, i was a much better hunter.
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Re: Dear Lease Issue
[Re: rstewlandman]
#866320
08/25/09 09:33 PM
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Joined: Aug 2008
Posts: 18
TX Whitetail
OP
Light Foot
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OP
Light Foot
Joined: Aug 2008
Posts: 18 |
The place is completely covered in broom weeds over 4' tall. He has not taken care of the place and refuses to do any work to make it better.
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Re: Dear Lease Issue
[Re: TX Whitetail]
#866328
08/25/09 09:36 PM
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Joined: Oct 2007
Posts: 3,056
rstewlandman
Veteran Tracker
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Veteran Tracker
Joined: Oct 2007
Posts: 3,056 |
in that case, I would just quit taking his calls, if he sues you, fine, but I bet he wont...Don't let it bother you anymore and go on with your life and find a new lease, but be nice until you get all your stuff out of there
the man at the top of the mountain didn't fall up it
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Re: Dear Lease Issue
[Re: rstewlandman]
#866338
08/25/09 09:38 PM
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Joined: Aug 2008
Posts: 18
TX Whitetail
OP
Light Foot
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OP
Light Foot
Joined: Aug 2008
Posts: 18 |
All of my equipment is already gone, except for one old feeder and one old ground blind.
If I can't get those back I am not going to lose any sleep.
This has been going on since January. He actually came up to my office cussing, yelling, and raising hell for about an hour. My boss threatened to call the cops on him and he finally left.
He has been threatening to sue me for about 6 months now, but this time he told one of my family members that he was seriously fixing to go through with it. I am assuming he called my family member since I won't answer any of his calls anymore...............
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Re: Dear Lease Issue
[Re: TX Whitetail]
#866357
08/25/09 09:43 PM
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Joined: Aug 2004
Posts: 6,170
Jimbo
THF Trophy Hunter
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THF Trophy Hunter
Joined: Aug 2004
Posts: 6,170 |
The guy sounds like a nut case.
Next time he shows up and pulls those antics, don't tell him anything, just call the cops, and say he threatened you!
Thursday at 12:45 PM #33 Once i learned that i didn't "NEED" to kill something, and that if i did kill something all the fun stopped and work began, i was a much better hunter.
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Re: Dear Lease Issue
[Re: TX Whitetail]
#866364
08/25/09 09:45 PM
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Joined: Oct 2007
Posts: 3,056
rstewlandman
Veteran Tracker
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Veteran Tracker
Joined: Oct 2007
Posts: 3,056 |
restraining order is next on my list of advise...
then screw with him, tell him your gonna file Chapter 11 anyway so he can just get in line....then find someone in his family to harass about him harassing you....
The only language some crazy people understand is crazy
the man at the top of the mountain didn't fall up it
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Re: Dear Lease Issue
[Re: bossbowman]
#866944
08/26/09 01:57 AM
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Joined: Dec 2008
Posts: 5,196
LonestarCobra
THF Trophy Hunter
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THF Trophy Hunter
Joined: Dec 2008
Posts: 5,196 |
Hate to hear your bad news. I dont think you will have to pay it. Surely he realizes if he wins, once his lawyer is paid all he gains is satifaction of winning. Our lease is tall grass also. If we need it mowed we have to do it ourselves. We still pay full price no matter what.
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Re: Dear Lease Issue
[Re: LonestarCobra]
#866960
08/26/09 02:06 AM
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Joined: Jul 2008
Posts: 22,269
Texas Dan
THF Celebrity
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THF Celebrity
Joined: Jul 2008
Posts: 22,269 |
It points to why one of the questions on the TPWD Hunter Education Final Exam points to the importance of having a written lease agreement. It helps protect both the landowner and hunters who lease his/her property.
While you might loose this lease, your wallet is safe.
"Some people will never like you because your spirit irritates their demons."
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Re: Dear Lease Issue
[Re: Texas Dan]
#867286
08/26/09 04:29 AM
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Joined: Nov 2008
Posts: 44,461
rifleman
Sparkly Pants
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Sparkly Pants
Joined: Nov 2008
Posts: 44,461 |
It points to why one of the questions on the TPWD Hunter Education Final Exam points to the importance of having a written lease agreement. It helps protect both the landowner and hunters who lease his/her property.
While you might loose this lease, your wallet is safe. very true, but honestly, I'de be looking to move on once a landowner's word wasn't binding.
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Re: Dear Lease Issue
[Re: rifleman]
#867405
08/26/09 07:25 AM
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Joined: Jul 2008
Posts: 3,842
WTGuide
Extreme Tracker
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Extreme Tracker
Joined: Jul 2008
Posts: 3,842 |
I'd give him directions to the courthouse
Think you can/Think you can't/Either way you're right
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Re: Dear Lease Issue
[Re: TX Whitetail]
#867943
08/26/09 03:33 PM
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Joined: Jul 2006
Posts: 1,298
bubbagunn
Pro Tracker
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Pro Tracker
Joined: Jul 2006
Posts: 1,298 |
Id tell him to go chase himself.
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Re: Dear Lease Issue
[Re: bubbagunn]
#868006
08/26/09 04:05 PM
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Joined: Nov 2005
Posts: 32,601
sig226fan (Rguns.com)
duck & cover
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duck & cover
Joined: Nov 2005
Posts: 32,601 |
I am dealing with two guys in that part of the world now, trying to get me to lease theirs next year, while I wouldn't want to trash the guy in public, I'd love to know who to avoid privately...
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Re: Dear Lease Issue
[Re: sig226fan (Rguns.com)]
#868199
08/26/09 05:28 PM
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Joined: Aug 2004
Posts: 6,170
Jimbo
THF Trophy Hunter
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THF Trophy Hunter
Joined: Aug 2004
Posts: 6,170 |
Better yet, post his name and number on here and try to help him lease his land.
Maybe if he gets enough calls, and people calling he'll finally forget about you.
Who knows, maybe someone will actually lease it, and you'll surely be forgotten.
Thursday at 12:45 PM #33 Once i learned that i didn't "NEED" to kill something, and that if i did kill something all the fun stopped and work began, i was a much better hunter.
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Re: Dear Lease Issue
[Re: Jimbo]
#868314
08/26/09 06:25 PM
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Joined: Oct 2006
Posts: 3,698
Hoytman
Extreme Tracker
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Extreme Tracker
Joined: Oct 2006
Posts: 3,698 |
Wouldnt worry to much, as said his word against yours!
(Sig Pic to be no more than 125 pixels tall)
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