Page 13 - NBIZ Magazine April 2021

so long as Landlord maintains such PHI. Tenant shall be
presumed conclusively to have abandoned the Premises if
the amount of Tenant's property removed by Tenant from
the Premises is substantial enough to indicate a probable If the landlord disposes of valuable
intent to abandon the Premises and such removal is not in
the normal course of Tenant's business, or if Tenant removes property belonging to a third party
any material amount of Tenant's personal property from the without following the proper notice
Premises, at a time when Tenant is in default in the payment
of Rent due hereunder or in the performance of any other requirements, the landlord may end up in a
obligation of Tenant hereunder and such removal is not in lawsuit over the conversion of this property.
the normal course of Tenant's business. Nothing contained
in this Paragraph shall prejudice or impair Landlord's rights
as a lienholder and secured party under this Lease, and the
rights granted to Landlord under this Paragraph shall be Brian D. Womac has been licensed as an attorney in
cumulative of its rights as a lienholder and secured party. Texas since 1985 and is celebrating over 35 years of
active practice in commercial real estate law. He has
The above provision seems simple and the best option for been board-certified in commercial real estate law since
landlords when tenants abandon property on the premises. 1991 and has personally handled over 3,000 litigation
But the above would not apply to valuable property or matters within the State of Texas. His client base
property belonging to third parties. If the landlord disposes consists of corporations, partnerships, construction
of valuable property belonging to a third party without companies, lending institutions, insurance companies,
following the proper notice requirements, the landlord may investors, management and leasing companies, and other
end up in a lawsuit over the conversion of this property. N businesses owning real estate.

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