But we have a lease!!
Well, Spirit went by & talked to the LandLady... she says we should talk to the LandLord about this proposed self-storage facility...that he is really willing to "work with us," etc. We reread our entire (5 page) lease last night... found 2 clauses that I think make it pretty clear that this is not an acceptable arrangement::
#6 QUIET ENJOYMENT: Lessor covenants that on paying the rent & performing the covenants herein contained, Lessee shall peacefully and quietly have, hold, and enjoy the demised premises for the agreed term.
And #7 USE OF PREMISES: The demised premises shall be used and occupied by Lessee exclusively as a private single family residence, and neither the premises nor any part thereof shall be used at any time during the term of this lease by Lessee for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single family residence.
Ummm, I am not a legal beagle or anything, but I THINK that means that he cannot use any of the 6 acres we are leasing, much less for a commercial establishment. I also did some rummaging of the Hays County Appraisal District... found out they are using the Homestead exemption on this land ILLEGALLY. Will keep that little tidbit to myself for now. Next is a trip to the Hays County Records office to see if the land was ever zoned for commercial use or not and if a building permit has yet been acquired.
Spirit and I are not against the idea of this facility... but he wants to put smack dab in our FRONT YARD. That will NOT work for us.... but we MIGHT be willing to talk about locating it elsewhere on the property, as well as a reduction in rent...or they can wait until our lease is over. Poof.
#6 QUIET ENJOYMENT: Lessor covenants that on paying the rent & performing the covenants herein contained, Lessee shall peacefully and quietly have, hold, and enjoy the demised premises for the agreed term.
And #7 USE OF PREMISES: The demised premises shall be used and occupied by Lessee exclusively as a private single family residence, and neither the premises nor any part thereof shall be used at any time during the term of this lease by Lessee for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single family residence.
Ummm, I am not a legal beagle or anything, but I THINK that means that he cannot use any of the 6 acres we are leasing, much less for a commercial establishment. I also did some rummaging of the Hays County Appraisal District... found out they are using the Homestead exemption on this land ILLEGALLY. Will keep that little tidbit to myself for now. Next is a trip to the Hays County Records office to see if the land was ever zoned for commercial use or not and if a building permit has yet been acquired.
Spirit and I are not against the idea of this facility... but he wants to put smack dab in our FRONT YARD. That will NOT work for us.... but we MIGHT be willing to talk about locating it elsewhere on the property, as well as a reduction in rent...or they can wait until our lease is over. Poof.
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