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Updated about 6 years ago on . Most recent reply presented by

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Sunny Gavaskar
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Commercial Contract - HOA Subordination

Sunny Gavaskar
Posted

I have a multi-yearcommercial lease on a retail unit. However the building in which this unit is being located is being sold to a developer who will likely tear it and rebuild a large multi-story building. Location is critical to our business and our lease is multi-year. However the lease has a Subordination clause "This lease and tenant's leasehold interest areand will be subject, subordinate, and inferiorto: i) the rights of any owners' association affecting the leased premises or Property "

Obviously location is critical to us (as is for almost any retail business) and there is substantial cost of move. So while the above clause says that HOA can decide to sell the building and we cannot prevent that. But isn't it that we would still have claims of harm against existing or new landlord? Thoughts?

Location is in Texas. If you have experience in this area and can help we would be happy to hire a competent attorney. Thanks

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