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  • The Challenge of Getting the Disability Insurance Benefits You’ve Been Denied

    Bringing a legal appeal against an insurance company after a disability benefits denial is an uphill battle. The deck is stacked in favor of the insurance industry in many ways. Let’s take a look at those challenges to see what a Texas ERISA lawyer you can do to give you the best possible chance to succeed. 

    Fighting an ERISA Claim Denial

    Finding a Lawyer: It’s important to know that the first step in appealing a long-term disability claim denial is an administrative appeal, not a civil court case. Most lawyers are not familiar with this administrative process. While people often turn to a lawyer who helped them in the past with a divorce or business problem, in a highly specialized area of lawlike disability claim denial, you will want someone with experience handling ERISA claims.

    Missing Deadlines: The administrative process is deadline-driven. If you miss any deadlines, you could lose your ability to ever get disability benefits. Your ERISA lawyer will be well aware of all of the deadlines and will keep your case on track. 

    Airtight Evidence: The next challenge comes with defining the nature and impact of your injuries or illness. As careful as you may be in describing your disability and how it impacts your ability to work, insurance companies find ways to misinterpret and misconstrue this information. Your ERISA lawyer will take great care to ensure the evidence in your case is complete, thorough, accurate, and well-supported by medical evidence.

    If your case is appealed to a judge, the judges can only look at the information that is ALREADY in the administrative record– the record that caused your claim to be rejected in the first place. If you worked with a lawyer early in the process, the information you need for an appeal should be available in the administrative record. 

    Conflicting Medical Opinions: You have a right to work with a doctor who is qualified to provide care and treatment for your specific condition or disability. And yet your insurer may not agree with the opinion of your doctor. Insurance companies can hire their own doctors to give them a second opinion.

    In a civil case, a lawyer could question the motives, integrity, and conflicts of interest of a doctor who has repeatedly worked on behalf of a particular insurance company. That does not happen in an ERISA appeal. 

    In 2003, the U.S. Supreme Court held that long-term disability insurance companies do not have to defer to the opinion of their personal treating physician when evaluating a disability claim. Why don’t they have to listen to the doctor that knows you best? Because when the law was written, it didn’t specifically say that they had to. 

    This is a significant challenge but experienced ERISA lawyers fight this battle every day and they get results. If you want to fight an insurance claim denial, work with a law firm that has handled many ERISA cases. Call the McKinney or Richardson office of The Fell Law Firm at 972-450-1418, or contact us online to talk with an ERISA attorney with experience. 

  • Proving Breach of Fiduciary Duty in Court

    If you believe you have suffered damages as a result of the wrongful actions of a fiduciary, you can sue in civil court. In Texas, your options for recovery if a fiduciary is found guilty of a breach of fiduciary duty could include:

    • Direct and indirect financial damages and recovery of lost profits
    • Forfeiture of fees paid to the fiduciary
    • Transfer of property or “disgorgement” of any profits illegally obtained
    • Cancellation of any contracts the fiduciary wrongly entered into
    • An injunction to stop an actio or decision
    • Removal of a trustee or reciever
    • Loss of professional license
    • Reimbursement for legal fees and costs
    • Punitive (or “exemplary”) damages

    Proving Breach of Fiduciary Duty

    When bringing a legal claim for breach of fiduciary duty to the court, the attorney for the injured party will need to prove at least three things. 

    1. That a fiduciary relationship existed: In some cases it’s easy to prove that someone had a fiduciary duty  as a result of the role they have in a business relationship – an officer of a business, an employee, an agent or broker, a trust fund trustee, a fiscal agent or a guardian 

      In other situations there is a real question as to whether a duty exists, particularly when it involves those in trusted relationships, such as a friend or a family member.  
    2. That there was a breach of fiduciary duty (what duty was breached): In some cases, it’s easy to determine that there was a breach of fiduciary duty because the acts were intentional and illegal or clearly out of bounds. For example, if a fiduciary was found guilty of embezzlement, theft, fraud, self-dealing or undue influence. 

    Sometimes the breach was unintentional, such as when a fiduciary shares information that puts the beneficiary in a one-down position in a negotiation, or when a fiduciary fails to do sufficient research and as a result makes a poor decision. A breach of fiduciary duty does not have to be intentional to be actionable in court. 

    On the other hand, it may be that there was no breach of fiduciary duty, even though harm occurred. The harm may simply have been the result of market conditions or bad luck. 

    1. That the breach of fiduciary duty caused damages or harm to the beneficiary: An attorney in a civil action will need to prove exactly what kind of harm was suffered. It can be financial harm – a specific loss of funds. It can also be damage to one’s reputation, damage to one’s business interests, loss of property, unwanted contractual obligations, or other damages. 

    If you believe you have been harmed by the action, or inaction, of a person who had a duty to protect your interests, talk with a McKinney attorney who handles fiduciary litigation. Contact The Fell Law Firm or call 972-450-1418 to understand your rights and the compensation to which you may be entitled in a court of law. 

  • What is a Fiduciary Duty?

    In an earlier article, we discussed who is a fiduciary [link to previous post], that is, who has an absolute duty to act in your best interest. Now we will discuss what is fiduciary duty – what does a fiduciary owe to you?

    Texas courts have defined a number of “duties” which a fiduciary must strive to uphold. Failing in these duties can leave the fiduciary vulnerable to a civil lawsuit for breach of fiduciary duty.

    Duty of Loyalty

    The fiduciary must put the interests of the business or the client or beneficiary over their own, even if that will result in a financial loss to themselves. A few examples of what this might look like:

    • Law firms review their client list to identify potential conflicts of interest among their clients. Any potential conflict must be disclosed and steps are taken to resolve the potential conflict.
    • A trust fund trustee must ensure that decisions they make to invest money in the trust do not involve self-dealing that would benefit the trustee over the beneficiary.
    • A real estate agent (typically) cannot represent both a buyer and a seller in the same transaction as their goals are in conflict, and the agent is in possession of confidential information that could benefit or disadvantage one of the parties.

    Duty of Good Faith and Fair Dealing

    A fiduciary must act honestly and fairly. This duty requires full disclosure of all facts that could have an impact upon a decision or transaction, including any conflicts of interest. For example, an investment advisor must share any relevant information they have regarding a business or fund in which they are advising their client to invest. 

    Duty of Care

    A fiduciary must avoid both intentional and negligent harm to the interests of the beneficiary.  

    They must act with diligence, demonstrating at least as much care in the fulfillment of their duties as an ordinarily prudent person would under similar circumstances. That is to say, a fiduciary must act with caution, doing their research before acting on a beneficiary’s behalf. A fiduciary must also keep confidential information private.

    Duty of Obedience

    The duty of obedience means that a fiduciary has a duty to do as they have been instructed, whether that is a specific instruction or duties within the scope of their authority. For example, a corporate officer is authorized to make certain decisions as a result of the authority given to them in a corporate charter. An investment broker has specific instructions to buy or sell stock. If a person who has a fiduciary responsibility to you has failed in one or more of these duties, you may have a legal claim for breach of fiduciary duty. Talk with a McKinney business attorney to understand your rights and options for recovery. Contact The Fell Law Firm or call 972-450-1418.

  • Breach of Fiduciary Duty in Court

    If you believe you have suffered damages as a result of the wrongful actions of a fiduciary, you can sue in civil court. In Texas, your options for recovery if a fiduciary is found guilty of a breach of fiduciary duty could include:

    • Direct and indirect financial damages and recovery of lost profits
    • Forfeiture of fees paid to the fiduciary
    • Transfer of property or “disgorgement” of any profits illegally obtained
    • Cancellation of any contracts the fiduciary wrongly entered into
    • An injunction to stop an action or decision
    • Removal of a trustee or receiver
    • Loss of professional license
    • Reimbursement for legal fees and costs
    • Punitive (or “exemplary”) damages

    Proving Breach of Fiduciary Duty

    When bringing a legal claim for breach of fiduciary duty to the court, the attorney for the injured party will need to prove at least three things. 

    1. That a fiduciary relationship existed: In some cases it’s easy to prove that someone had a fiduciary duty [link to blog post – who is a fiduciary] as a result of the role they have in a business relationship – an officer of a business, an employee, an agent or broker, a trust fund trustee, a fiscal agent or a guardian. In other situations there is a real question as to whether a duty exists, particularly when it involves those in trusted relationships, such as a friend or a family member.  
    2. That there was a breach of fiduciary duty (what duty was breached): In some cases, it’s easy to determine that there was a breach of fiduciary duty because the acts were intentional and illegal or clearly out of bounds. For example, if a fiduciary was found guilty of embezzlement, theft, fraud, self-dealing or undue influence. 

    Sometimes the breach was unintentional, such as when a fiduciary shares information that puts the beneficiary in a one-down position in a negotiation, or when a fiduciary fails to do sufficient research and as a result makes a poor decision. A breach of fiduciary duty does not have to be intentional to be actionable in court. 

    On the other hand, it may be that there was no breach of fiduciary duty, even though harm occurred. The harm may simply have been the result of market conditions or bad luck. 

    1. That the breach of fiduciary duty caused damages or harm to the beneficiary: An attorney in a civil action will need to prove exactly what kind of harm was suffered. It can be financial harm – a specific loss of funds. It can also be damage to one’s reputation, damage to one’s business interests, loss of property, unwanted contractual obligations, or other damages. 

    If you believe you have been harmed by the action, or inaction, of a person who had a duty to protect your interests, talk with a McKinney attorney who handles fiduciary litigation. Contact The Fell Law Firm or call 972-450-1418 to understand your rights and the compensation to which you may be entitled in a court of law. 

  • Texas Lease Dispute: Landlord Failure to Maintain a Rental Property in Habitable Condition

    Your landlord has a responsibility to keep the home or apartment you rent from them in livable, or habitable condition. If they fail to do so after you have brought the problem to their attention, you have a right to take action to correct the situation. But taking the wrong action in a landlord-tenant dispute could be legally risky.  

    What is “Habitable” Condition?

    Tenants would like to live in a clean, safe, well-maintained apartment or rental home. They’d like to see everything in good shape. But from a landlord’s legal perspective, some things are more critical than other things. The conditions that make an apartment or rental home “livable” or “habitable,” are those things that affect health and safety. 

    For example, from a legal standpoint safe and livable means:

    • Basic structural soundness: There might be cracks in the wall or creaking steps but the walls and floor are not in imminent danger of collapse. Stairs must be solid and safe. The roof can’t leak. 
    • A reasonable amount of hot and cold water at reasonable times of day: you shouldn’t have to shower at 2 am in order to get hot water. 
    • Major household systems need to be working: that is, plumbing, electrical, heating, cooling, and ventilation.
    • If there is an elevator in the building, it needs to be functional.
    • As known environmental hazards need to be in such a condition that they don’t pose a danger (hazards maybe lead, asbestos, or mold)
    • The unit must be reasonably secure from criminal entry. It has functional locks and if it has grates or gates or other security features, they are in working order.
    • The property should be free from rodents and insect infestation, although that could be an ongoing effort.
    • Common areas of apartment buildings must be clean and safe.

    Tenant Remedies if a Landlord Fails to Maintain a Rental Property in Habitable Condition

    Things happen and a landlord can’t always stay on top of repairs and building conditions immediately. But when a landlord fails to maintain a rental property in habitable condition due to negligence and inattention results, tenants can take action. They may be able to force the landlord to make repairs or they may protect themselves from unsafe living conditions by breaking their lease.  

    • A tenant may be able to move out before their lease is up because the property is uninhabitable. The tenant could then be entitled to a refund of the portio of rent that would have covered the time they were not there. They could also deduct their security deposit from rent due or get a refund on their security deposit.
    • The tenant may a lso be able to “repair and deduct”; that is, hire someone to fix the problem (or fix it themselves) and then deduct the cost of the repair from their rent.

    Texas does not have a statute regarding rent withholding. 

    Before you take one of the above actions, make sure you know your rights and have a strong case for corrective action because you could wind up in court with your landlord, or facing eviction with an unlawful detainer on your record. 

    Understand whether the problem you are facing is severe enough to warrant strong action. The condition needs to be severe enough to materially affect the physical health or safety of an ordinary tenant. 

    Follow the rules. Notify your landlord of the problem in writing and have it delivered by certified mail, registered mail, or some other type of delivery that allows tracking. Give the landlord a reasonable amount of time to get it fixed (usually 7 days but the severity of the problem does count). 

    Anytime you have a serious landlord-tenant problem like a failure to maintain a rental property, particularly if your actions could result in a lawsuit or an unlawful detainer, talk with a landlord-tenant lawyer. Understand your rights so you can choose a smart path forward. 

    Contact The Fell Law Firm

    Call our Richardson or McKinney law office at 972-450-1418 or complete our online contact form to schedule a consultation with an attorney. 

  • Can a Texas Landlord Lockout a Commercial Tenant?

    If a business tenant fails to pay their rent, under Texas law a commercial landlord IS allowed to lockout a tenant from their own business. The Texas Property Code allows a landlord to change the “door locks of a tenant who is delinquent in paying at least part of the rent.”

    Property law favors the landlord inasmuch as there is no grace period during which a tenant retains the right to access their business property while they try to come up with the overdue rent. The business tenant is at the mercy of the landlord in this instance. The landlord can do a lockout when the business renter is just one day late. But should they? 

    You might want to talk to a landlord-tenant lawyer first.

    Legal Options for Commercial Landlords Owed Back Rent

    A lockout is a drastic step for a commercial landlord to take for several reasons:

    • It can cause significant harm to the business, making it even harder for the business owner to pay the rent owed.
    • It could tip a troubled business owner into bankruptcy, making the landlord just one of ma ny creditors who may find their bills unpaid in full.
    • It leaves the landlord on the hook for dealing with personal and business property left behind. Should the commercial tenant contest the lockout in court, how the landlord disposed of their property could become an issue.
    • And of course, it leaves you with a vacant property on your hands that must be cleaned and repaired and re-rented.

    A commercial landlord has other options for pressuring a tenant to pay the rent they owe, including:

    • Charging late fees for every day rent is overdue,
    • Bringing a lawsuit for rent owed, and if all else fails,
    • Giving the tenant an eviction notice.

    How to Lock Out a Commercial Tenant

    There are a few legal processes that must be followed when locking out a commercial tenant. When the locks are changed, the landlord must put a written notice on the tenant’s front door telling them from whom and how a new key can be obtained. The new key must be made available, upon payment of back rent, during the tenant’s hours of business.

    Landlord Risks in Wrongful Lockout Cases

    There are times when an unresolved landlord-tenant dispute over a problem with the property a) causes the tenant to withhold rent thinking that is a way to pressure the landlord to make repairs (it’s not), or b) costs the tenant so much money they can’t afford to make their rent payment. 

    The tenant may have a valid legal claim against the landlord and that can muddy the waters. 

    If the landlord has wrongly locked out the commercial tenant in violation of their lease agreement or Texas Property Code, the tenant can seek legal redress to regain possession of the property or they can terminate their lease without penalty. 

    In the process, they can recover reasonable attorneys’ fees and court costs, as well as any damages they suffered as a result of the lockout, and one month’s rent (or $500, whichever is greater). 

    The landlord will still receive back rent. 

    Contact The Fell Law Firm

    If you are a commercial landlord with a tenant who is behind in rent, it’s important to understand your options and your rights. Talk with a Texas landlord-tenant attorney before you take action to lock out a commercial tenant. Call the Richardson or McKinney law offices of The Fell Law Firm at 972-450-1418 or complete our online contact form to schedule a consultation with an attorney. 

  • Commercial Lease Problems: CAM Charges or Capital Improvement?

    Triple net leases for commercial properties have become increasingly popular with landlords because they reduce the financial risk of property ownership. They insulate the property owner from almost every kind of increased expense, but they don’t insulate the owner from commercial lease problems.

    Who Pays What?

    • With a single net lease, the commercial tenant pays rent, utilities and property taxes.
    • With a double net lease, the commercial tenant pays rent, utilities, property taxes, and building insurance.
    • With a triple net lease, the commercial tenant pays rent, utilities, property taxes, building insurance, and building maintenance.

    While a triple net lease may look favorable to a tenant because the rent is usually lower, commercial lease problems can arise in triple net leases in the one area that the property owner can control – the cost of building maintenance, or CAM (common area maintenance) charges.

    Tenants want to – need to – be able to budget for monthly rent. An increase in property taxes or insurance may be an unavoidable hit once a year. But a significant increase in CAM charges can seem arbitrary, unnecessary, and even unfair.

    • Reroofing a building
    • Changing an HVAC system
    • Repaving a parking lot
    • Installing a new security system or hiring a security guard

    Are these maintenance or capital expenditures? Should they be passed along to the commercial tenant?

    Look At Your Commercial Lease

    Some commercial leases put a cap on CAM. Some commercial leases use a formula to calculate CAM. Some commercial leases define exactly what is and what is not a “common area” and what kind of charges can be included in common area maintenance. That, of course, would be the ideal situation.

    Unfortunately, many leases are not that specific, or they have a complicated CAM formula that the tenant can’t calculate for themselves. (If the building does not have separate water and power meters, it may even be challenging for the landlord to properly calculate the bill, much less the tenant who doesn’t have all the information.)

    If you are a commercial tenant, ask for an itemized statement of the charges and then review it in light of your lease. If you don’t understand exactly what your lease says, you may need the help of a business lawyer to explain the details (or the lack of detail that has resulted in you being on the hook for an unexpectedly high bill).

    If you are a landlord, you can avoid commercial lease problems by working with an experienced attorney to ensure your lease agreement is clear, thorough, and reasonable. Even if your lease allows you to continue to add charges to the bill, such actions risk the loss of tenants.

    It would be far better to disclose current and potential future CAM charges so commercial tenants can judge for themselves whether they will be able to pay the charges. Such honesty about upcoming charges minimizes the risk of winding up in court, or of having an empty building. This can be part of your initial lease negotiations.  

    Whether you need help reviewing, negotiating, or litigating a commercial lease dispute, the landlord-tenant lawyers at The Fell Law Firm can help. Call toll-free at 972-450-1418 or use the online contact form to schedule a consultation.

  • I’ve Been Wrongly Denied Disability Insurance Benefits

    If you purchased your disability insurance policy through your employer using a paycheck deduction, then the law that covers your complaint about being wrongly denied disability insurance benefits is a federal law known as ERISA.  

    ERISA was originally designed to protect employees’ pensions, but it is now applied to disability insurance companies in a way that gives them greater control over the appeals process when people bring complaints about disability claims denial.

    Far from “protecting” the benefits employees paid for, ERISA has made it extremely difficult for sick and injured people to fight back when they have been wrongly denied disability insurance benefits. 

    One of the first challenges is that of proving a disability. 

    Proving a Disability

    Having a diagnosis is the first step in getting disability benefits, but a diagnosis is not a disability. If you have experienced a disability insurance benefits denial, there are three elements that come together to prove a disability. The first is a diagnosed illness or injury. The second is proving limitations and restrictions. The third is demonstrating how those limitations and restrictions interfere with your specific job. Diagnosed Illness and Injury: It seems a simple matter to get a medical diagnosis from your doctor, but when fighting a disability claim, insurance companies sometimes:

    • Refuse to recognize an illness as disabling (such as chronic pain conditions, chemical sensitivities, or long COVID) 
    • Refuse to recognize the severity of the symptoms (they may say that the symptoms are subjective)
    • Choose to ignore the way that multiple medical conditions, added together, worsen the degree of disability

    Documented Limitations and Restrictions: Limitations are things you physically cannot do. For example, if you have a back injury, you physically may not be able to bend or stand for long periods of time. If you have lost eyesight or hearing, you cannot see or hear. If you have narcolepsy, you cannot reliably stay awake. 

    Restrictions are things you should not do because they can do further harm. For example, if you have a rotator cuff injury or tendonitis of the shoulder, you may be restricted from lifting or working overhead. It will worsen the injury. If you have a serious heart condition, working in a high-stress job could increase your chances of a heart attack. Your doctor may restrict you from high-stress work. 

    Interference with Job Duties: It’s possible to have a serious illness – like multiple sclerosis or diabetes – and still be able to perform the “material and substantial duties” of your job with “reasonable continuity” (most of the time). It depends on the severity of your illness/injury and the type of work you do. 

    Just because you have the same job title as thousands of other workers, that does not mean you do the exact same job that they do. Insurance companies have been known to misrepresent or misinterpret the tasks and duties of an occupation. 

    You – and your ERISA appeals attorney – will need to carefully document each of these areas when preparing an appeal of your disability insurance denial. 

    ERISA law is so complex and detailed that most lawyers do not handle it. If you are appealing the denial of long-term disability insurance, work with an experienced ERISA appeals attorney. Contact The Fell Law Firm at 972-450-1418 or email us.

  • My HOA Put a Lien on My Property

    My HOA Put a Lien on My Property

    There are several ways that you could wind up owing money to your homeowners’ association (HOA) or condo association. 

    The most common debt is your regular assessment, which covers building and property maintenance in common areas, and may also include security, utilities, water and sewer fees, garbage collection, cable TV and/or internet services. 

    You could also find yourself responsible for paying special assessments if the HOA lacks reserve funds to cover unexpected repairs or capital investments like the replacement of an HVAC system. Special assessments can come as a big surprise – and a big burden if the property owner can’t afford it. 

    You could also face fines from your HOA if you intentionally or unintentionally violate a rule or restrictive covenant.  

    Texas state law gives your homeowners’ association or condo associations the right to put a lien on your property if you fail to pay these assessments, fees or fines. You can also be sued personally. If you believe the HOA lien is unfair, understand your options under Texas state law.

    The Impact of a Lien on Your Property 

    The HOA will record a lien on your property in the county land records. By doing so, the debt you owe is now attached to your property. 

    • If you try to sell, a title search will show that there is a lien on your home, the amount of the lien, and the lien holder. 
    • When you sell the property, the HOA will be paid before you receive any money from the sale. 
    • In some cases, the HOA can force the sale of your property (foreclosure) in order to collect the money it is owed.

    HOA Liens and Collections Processes in Texas

    Exactly how the collections process will work in your case is governed by the declarations found in the HOA or condo association agreement that you signed when you purchased your property, as well as by the Texas Property Code. 

    Texas Property Code governs who receives notice of a lien, whether you must be offered a chance to fix a violation, whether the HOA can force the sale of your property through foreclosure and what type of foreclosure, among other things. Texas’ homestead protection law can, in some situations, protect a homeowner from foreclosure on a primary residence. 

    Texas Property Code also outlines what kind of debts your HOA can try to recovery by forcing a foreclosure. For example, the HOA cannot force a foreclosure to recover debt that only includes fines, attorneys’ fees related to fines, or charges for copying or a recount request. 

    Texas law also gives association members the right to take action on their own behalf. For example, association members can call a special meeting to vote on removing or amending an association’s foreclosure powers, if 10% of an association’s members join in a petition to call for such a meeting. 

    HOAs and Debt Collection Harassment

    HOA fees are debts and HOA members are considered “consumers” under the Fair Debt Collection Practices Act. That means HOAs cannot use harassing tactics or unlawful debt collection practices in order to collect on delinquent assessments. If they do so, the property owner can file a complaint with the Texas Attorney General and can sue. 

    Know Your Rights and Options If Your HOA is Putting a Lien on Your Property

    If you are having a dispute with your homeowners’ association or condo association over assessments, fees or fines, or you are suffering HOA debt harassment, talk to an attorney at the Fell Law Firm. Call at 972-450-1418 or send us a message.

  • Commercial Lease Problems: Repairs and Maintenance

    Commercial Lease Problems: Repairs and Maintenance

    There are a several commercial lease problems that Dallas-area landlord-tenant lawyers typically see. These are:

    1. Disputes over who pays for repair issues 
    2. Lawsuits over a landlord’s failure to act on a repair or maintenance needs – and eviction notices over a tenant’s failure to pay rent because the landlord has failed to make repairs.
    3. Large, unexpected increases in CAM charges due to improvement projects and maintenance
    4. Challenges to the assignment of a property when a tenant wishes to leave before their lease is up
    5. Tenants charging that a landlord violated the exclusive use provisions of their lease
    6. Difficulties with lease renewals when a commercial lease expires

    In this blog post, we will take a look at commercial lease problems that can arise with repairs.

    What Are Your Rights as a Commercial Tenant? It Begins with Your Lease

    Many small business owners assume that commercial leases are standard “take it or leave it” deals, so they don’t spend time on lease negotiation and don’t take their lease to a landlord-tenant attorney for a pre-signing review. They file it away and it only comes out again when troubles arise. And troubles inevitably do arise with repairs and maintenance problems. 

    Commercial Lease: Who is Responsible for Repairs?

    While commercial property maintenance and repairs are negotiable, typically the landlord is only responsible for maintaining exterior and structural portions of the leased premise. The commercial tenants is responsible for maintaining everything else. 

    But of course, it’s all one building and what happens with the exterior and the structure impacts what happens inside. It’s not uncommon for tenants to dispute that the problem in their part of the building was caused by poor of exterior maintenance or inadequate repairs. 

    Take, for example, a discolored and damaged ceiling. The lease says the landlord is not responsible for the interior ceiling (especially if the tenant accepted the premises in “as-is” condition). But how did the interior ceiling become damaged? 

    Was it caused by a severe storm with rain? A leaking air conditioning unit on the roof? The tenant may say the landlord was negligent because they did not properly waterproof/seal the roof. With a commercial lease, who is responsible for repairs, the landlord or the insurance company of the commercial tenant? 

    • When and in what manner will the repairs be made?
    • What amounts to an acceptable repair? 
    • How much time does the landlord/business owner have to fix it? 
    • Were there damages to business operations, inventory or fixtures? What is the cost of the business losses? 

    These issues may be covered in a covenant of the lease itself. If not, these and other questions may form the basis of a legal claim in Dallas civil court. 

    If the tenant has made the landlord aware of the situation and the problem has not been fixed, the tenant may consider that they have been “constructively evicted” from the property because it became “unsuitable” for their use. 

    Your Commercial Lease Has Value – Protect It

    You will benefit from having an experienced commercial landlord-tenant lawyer review your lease agreement with you so you understand the terms of your contract, how conflicts should be resolved, and any breach of provisions. A lawyer may then be able to negotiate repair and maintenance problems and who pays. 

    When litigation is the only means of resolving a dispute, the landlord-tenant lawyers at The Fell Law Firm can make the difference. Call toll free at 972-450-1418 or complete our online contact form to schedule a consultation.