ask george & chuck
March 9, 2009

Leases and layoffs, hostile easements
Answers to real estate questions as appearing
in the Houston Chronicle

Dear George: I'm renting a townhouse and my lease is up. If I sign another 12-month lease and get laid off, will breaking the lease ruin my credit or ability to lease in the future? I thought of renting month-to-month, but it would be cost prohibitive.

Answer: The written lease contract states what occurs in the event of a tenant default. Read the renewal contract. Ask the landlord or rental agent what would happen if you got laid off. Would they make any reductions in your rent until you could gain employment? If you get laid off, would you receive any unemployment or severance pay from your employer? Are you eligible to receive unemployment compensation? Check with your employer's human resources department.

Dear George: I'm trying to buy a house on a two-acre tract where the septic lines run for 200 feet on an adjoining piece of property. These lines have been there 24 years. The people who own this adjoining property do not want to grant an easement. Is there a law that would help me out?

Answer: If the lines were put in against the owner's will or used in any open, notorious, and hostile manner for 10 years, then the owner of the house may have an easement by prescription. However, it would require court action to claim it. I suggest that you look for a different house.