16.3 -The Parol Evidence Rule. Evangel Temple Assembly of God leased a facility

Question

16.3 -The Parol Evidence Rule. Evangel Temple Assembly of God leased a facility from Wood Care Centers, Inc., to house evacuees who had lost their homes in Hurricane Katrina. One clause in the lease contract said that Evangel could terminate the lease at any time by giving Wood Care notice and paying 10 percent of the balance remaining on the lease. Another clause stated that if the facility was not given a property tax exemption (as church), Evangel had the4 option to terminate the lease without making the 10 percent payment. Nine months later, the last of the evacuees left the facility, and Evangel notified Wood Care that it would end the lease. Wood Care demanded the 10 percent payment. Is parol evidence admissible to interpret this lease? Why or why not? [Wood Care Centers, Inc. v. Evangel Temple Assembly of God of Wichita Falls, 307 S.W.3d 816 (Tex.App-Forth Worth 2010]

Explanation / Answer

Yes, parol evidence is admissible in this lease. The parol evidence rule is a legal rule that applies to written contracts. Parol evidence is evidence pertaining to the agreement that isn't included in a written contract. Courts generally don't allow this extra evidence, because the court must determine the parties' intentions. The written contract is considered to be the best description of the parties' intentions. If the facility has proofs that show that it was given a property tax exemption it will act a parol evidence.

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