The Weaver Law Firm represents both commercial landlords and tenants in lease default situations. We want to help the parties resolve the dispute. When a business fails to abide by the obligations of the lease agreement, it can trigger a default. Are you a commercial tenant in breach of contract? Are you a landlord with a tenant in default? To be entitled to a breach of contract claim certain elements must be met. Here is an example of a commercial breach of contract: When a business owner signs a commercial lease and then fails to pay rent to the landlord, they are in default. A person defaulting on a personal guaranty of the lease by failing to honor and perform the company’s obligations according to the lease can also be in default. If you are a commercial landlord and need a better commercial lease, contact us.
To be entitled to summary judgment on a claim for breach of contract, the landlord must prove the following:
(1) there is a valid, enforceable contract;
(2) Landlord performed or tendered performance;
(3) Tenant breached the contract; and
(4) Tenant’s breach caused Plaintiffs’ injury.
See City of The Colony v. North Texas Mun. Water Dist., 272 S.W.3d 699, 739 (Tex. App. – Fort Worth 2008, pet. dism’d)(citing Valero Mktg. & Supply Co. v. Kalama Int’l, 51 S.W.3d 345, 351 (Tex. App. – Houston [1st Dist.] 2001, no pet.).
The landlord is entitled to pre-judgment interest on its actual damages at the rate of 15% per annum from the date this lawsuit was filed, to the date a final judgment is rendered in this lawsuit. See TEX. FIN. CODE § 302.002. Landlord is entitled to post-judgment interest on all amounts awarded in the final judgment at the rate of 5% per annum from the date a final judgment is rendered in this lawsuit until the date the judgment is satisfied. See TEX. FIN. CODE § 304.003. We offer support in many types of real estate contract disputes.
The landlord may be able to obtain a final summary judgment against the tenant and guarantors, jointly and severally, on landlord’s cause of action for breach of contract. The court may award landlord’s damages in the amount owed, plus landlord’s reasonable and necessary attorney’s fees, pre-judgment and post-judgment interest, and court costs.
If you are a landlord seeking a breach of contract claim, The Weaver Law Firm can help you. If you are a commercial tenant in default of a lease, we want to help resolve the matter. We invite you to reach us at 713-572-4900, our real estate attorneys can properly advise you.