Landlord Issue

[joabb]

I have rented a duplex for six years and my landlord recently rented the other side to people who are going to run a pre-school out of it. My lease strictly forbids any business use of the property, but he says it's not a business. I told him I would move because of this and he said "go for it". Anything I can do? I'm in Texas.

 

[dj1]

Two things.....

DO you have a lease? If so you might be able to break it without penalty if there is a noise problem...

You can call the city and see if she has a business license to operate a pre school on a residential bulding, or it could violate zoning rules, the city could fine the landlord or prevent the tenant from having the business.

And you can FORCE the landlord to honor your lease till it ends.

BUT if you have no lease...then the landlord has given you a backhanded 30 day notice to move..sneaky but effective.

 

[LL]

YOUR lease only forbids YOU from making any business use of YOUR leaased property. The other side's lease is their business.

You may be interested to know that in CA, a child care facility is not a business. In fact, the landlord is denied by law the right to prevent a tenant from opening a child care facility. Such favoritism is a result of an important need for child care facilities, but it is the law.

When your landlord said "Go for it", did he mean that you are released from your lease?