Use the largest online attorney directory to quickly find detailed profiles of Texas lawyers and law firms in your area.
Thứ Bảy, 8 tháng 8, 2009
Landlord's Remedies When Tenants Abandon Leased Premises
As a real estate lawyer in San Antonio, I am frequently asked about a Landlord's options upon learning that a Tenant has moved-out without notice, or who simply abandoned the leased premises before a lease ends. The Texas Supreme Court has recognized four distict causes of action that a landlord may assert against a tenant who breaches a lease by abandoning the premises:
(1) maintain the lease and sue for rent as it becomes due;
(2) treat the breach as an anticipatory repudiation, repossess, and sue for the present value of future rentals reduced by the reasonable cash market value of the property for the remainder of the lease term;
(3)treat the breach as anticipatory, repossess, re-lease the property to a new tenant, and sue the original tenant for the difference between the contractual rent and the amount received from the new tenant; or
(4) declare the lease forfeited (if the lease so provides)and relieve the tenant of liability for future rent.
See Austin Hill Country Realty, Inc. v. Palisades Plaza, Inc., 948 S.W.2d 293, 300 (Tex. 1997).
However, it is important to remember that a landlord has a duty to mitigate its losses/damages when a tenant abandons the leased premises and stops paying rent. Id., at 295–300. This principle recognizes that a landlord who claims anticipatory breach has a duty to mitigate because the landlord’s claim is contractual in nature. Id. at 300.
Further, the Texas Legislature has codified the landlord’s duty to mitigate as section 91.006 of the Property Code. See TEX.PROP.CODE ANN.§ 91.006 (Vernon 2007). That same section prohibits, and makes "void," lease terms that attempt to exempt a landlord from a liability or duty to mitigate its losses. Id.
Đăng ký:
Đăng Nhận xét (Atom)
Bài đăng phổ biến
-
San Antonio HOA Lawyer Trey Wilson wrote: From The Buffalo News, N.Y. Dec. 17 — When neighbors took it upon themselves to clean Suzanne Tayl...
-
I have found that people that try to save money usually end up paying more! Many people are "afraid" to serve their spouse. I don...
-
Houston Lawyer Referral Service www.hlrs.org 713-237-9429 Their motto is - helping the Houston metropolitan community to find quality legal ...
-
Last March, a federal jury returned guilty verdicts in United States District Court in Austin, Texas against five current and former Austin ...
-
CHAPTER 9. POST-DECREE PROCEEDINGS SUBCHAPTER A. SUIT TO ENFORCE DECREE Sec. 9.001. ENFORCEMENT OF DECREE. (a) A party affected by a decree...
-
This chart illustrates the trend concerning the outcome of undergoing the TRCC Complaint Process
-
Retirement accounts, not unlike mutual funds and some stock accounts, are assets acquired over the course of many years. In dividing these ...
-
I recently hired Strickland Technology to revise my website. Please give me your comments. www.familylaw4u.com Fran Brochstein 713-847-6000
-
Dallas police officer Daniel Babb was indicted yesterday by the Grand Jury, so he's officially facing criminal charges now. Officer Ba...
Không có nhận xét nào:
Đăng nhận xét