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ARTICLE · 10 NOVEMBER 2020

Can An Email Exchange Modify A Lease?

Gray Reed
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Before the pandemic, Ernest Bux's niece Chit Bux signed a lease with Iona Mall in an upscale strip shopping center

United StatesReal Estate and Construction
Cleve Clinton
Cleve Clinton
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Before the pandemic, Ernest Bux's niece Chit Bux signed a lease with Iona Mall in an upscale strip shopping center and hired a contractor to build out her dream business – a beauty salon "Cuts & Fluffs." When Dallas County ordered businesses to shutter last spring, Chit's "essential business" construction on her salon continued toward meeting the originally scheduled July 1st opening date – perhaps the worst time to open a high-touch, close-quarters beauty salon. Having dealt with other unsuccessful startups in that same space, Iona needed Cuts & Fluffs to succeed; Chit needed a different opening date – much later when people were less fearful of crowds. Chit called Iona, her contractor and her banker who was shepherding her SBA loan. Can Chit work something out with Iona without completely modifying her lease?

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