Real Estate Litigation

Harris Cook LLP represents clients who are involved in disputes involving Texas real estate. Offering a wide breadth of knowledge, our business clients include sole proprietors to publicly traded companies.

The attorneys at Harris Cook handle negotiation, mediation, arbitration and litigation in matters including:

• • Automobile dealership disputes with adjoining landowners, governmental agencies, and the dealership franchise manufacturer
  • Landowner disputes regarding condemnation proceedings
  • Lease disputes
  • Landlord/Tenant lease liabilities and responsibilities
  • Commercial and residential construction disputes
  • Architect/Engineer/Surveyor liabilities
  • Construction accidents
  • Oil and gas disputes
  • Property management contracts
  • Premises liability
  • Safety Issues
  • Homeowners Associations disputes including deed restrictions, and maintenance
  • Homeowners Association assessment collections and foreclosure of liens

Ending a Lease and/or Vacating a Premises 

When entering into a lease, tenants are responsible for payment of rent through the term of the contract. Landlords are running a business and are not usually very accommodating when having to give up terms of a contract. If negotiated, the landlord may allow the tenant or landlord to sublet the space to a new tenant. However, if the space is unable to lease for the same cost of rent, the original tenant can be held responsible for the balance.

Commercial tenants may face difficulties with landlords who refuse to refund their security deposit, either in part or in full. If this occurs, the landlord must send a certified letter with detailed explanation and the tenant can issue an inspection.

When a tenant vacates a property without notice, landlords are faced with a threat of financial loss. If there is any property or equipment left on the grounds, the landlord may claim abandoned property as means of payment for any remaining rent or damages. However, before doing so, such individuals should consult with legal counsel to ensure they are acting within the law.